17-1107_PLACEWORKS_F1b_Agenda Report 111712017
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City of San Juan Capistrano
Agenda Report
TO: onorable Mayor and Members of the City Council
FROM: %',Knjamin Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Director
PREPARED BY: David Contreras, Senior Planner '
DATE: November 7, 2017
SUBJECT: Consideration of a Professional Services Agreement with
Placeworks for the Preparation of an Initial Study (IS) Pursuant to
the California Environmental Quality Act (CEQA), and a
Professional Services Agreement with Linscott, Law & Greenspan,
Engineers, for the Preparation of a Traffic Impact Analysis (TIA) for
the Proposed River Street Project (Dan Almquist, Frontier Real
Estate Investments).
RECOMMENDATION:
1. Approve and authorize the City Manager to execute a Professional Services
Agreement with Placeworks for the preparation of an Initial Study (IS), pursuant
to the California Environmental Quality Act (CEQA), at a cost not-to-exceed
$168,239 to be funded by the applicant.
2. Approve and authorize the City Manager to execute a Professional Services
Agreement with Linscott, Law & Greenspan, Engineers for the preparation of a
Traffic Impact Analysis (TIA), at a cost not-to-exceed $67,045 to be funded by
the applicant.
EXECUTIVE SUMMARY:
City staff issued two separate Requests for Proposals (RFP) for environmental and
traffic analysis associated with the proposed River Street Project. The environmental
(Initial Study) RFP was circulated between August 11 and September 1, 2017. The
Traffic Impact Analysis RFP was circulated between August 9 and September 1, 2017.
The cost of the Initial Study and the Traffic Impact Analysis will be funded by the project
applicant, Frontier Real Estate Investments (Applicant). Staff recommends that the City
Council approve a Professional Services Agreement with Placeworks to prepare the
Initial Study and subsequent environmental documentation (Attachment 1), and a
City Council Agenda Report
November 7, 2017
Page 2 of 3
separate Professional Services Agreement with Linscott, Law & Greenspan, Engineers,
to conduct the Traffic Impact Analysis (Attachment 2). The City issued two separate
RFP in an effort to expedite the data collection process required for the Traffic Impact
Analysis.
DISCUSSION/ANALYSIS:
The proposed River Street project includes a new commercial and office development
on a 5.6-acre parcel located within the Los Rios Specific Plan District, also known as
the Ito Nursery site. The project consists of approximately 61,000 square feet of
commercial and office space that would be located within five buildings that are
designed in "Agrarian" themed architecture. The project also proposes landscaping
improvements to the site and 289 parking spaces. Site access is proposed via Los Rios
Street, Paseo Adelanto and River Street. The site is located north of Del Obispo Street,
south of River Street and west of Los Rios Street.
Environmental Consultant- Initial Study
The City issued the RFP (Attachment 3) to three firms for the preparation of an Initial
Study, which is a preliminary analysis conducted by the lead agency to determine if a
project may have a significant effect on the environment. The Initial Study also aids in
determining what type of environmental document to prepare. The selected CEQA
consultant will also prepare the required environmental document. The City received a
proposal from two firms:
Chambers Group: $103,878
Placeworks: $168,239
Staff evaluated the proposals, including a review of the firm's project manager and
evaluation of the firm's qualifications and experience. As a result of the review process,
staff determined that Placeworks is the best qualified firm to conduct this work because
this firm has previously prepared environmental documents for projects in the city and is
familiar with the site and the environmental setting.
Traffic Consultant- Traffic Impact Analysis
The City issued an RFP (Attachment 4) to three firms for the preparation of a Traffic
Impact Analysis that will be used by the selected CEQA consultant in the preparation of
the Initial Study. The City received a proposal from two firms:
Linscott, Law & Greenspan, Engineers: $67,045
KOA Corporation: $24,850
Staff evaluated the proposals, conducted a review of the firm's project manager and
evaluation of each firms' qualifications and experience. As a result of the proposal
review process, staff determined that Linscott, Law & Greenspan, Engineers is the best
qualified firm to conduct this work based on their understanding of the scope and overall
approach to the project.
City Council Agenda Report
November 7, 2017
Page 3 of 3
FISCAL IMPACT:
The entire California Environmental Quality Act and Traffic Impact Analysis work
performed under the separate Professional Services Agreements will be solely funded
by the project Applicant, in addition to staff and legal costs. Should the City Council
approve the agreements, the Applicant will be required to deposit the entire contract
amounts prior to the City issuing a Notice to Proceed to the consultant.
ENVIRONMENTAL IMPACT:
The action to select a consultant is not a project under State CEQA Guidelines §
15378(a) because it has no potential to result in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment.
Further, the action is exempt from CEQA under the commonsense exemption in State
CEQA Guidelines section 15061(b), which exempts any activity for which it can be seen
with certainty that there is no possibility of a significant effect on the environment. The
proposed River Street project will undergo its own environmental review pursuant to the
State CEQA Guidelines.
PRIOR CITY COUNCIL REVIEW:
On October 4, 2016, the City Council approved an initiation for an amendment to the
Los Rios Specific Plan 78-01 and directed the Development Services Department to
conduct an appropriate study of a proposal to allow general retail, eating and drinking
establishments, and office and wellness uses on the subject property.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Jeff Vasquez
Margaret Smith
Michael Laux
Chambers Group
Frontier Real Estate Investments
KOA Corporation
Linscott, Law & Greenspan, Engineers
Placeworks
ATTACHMENT(S):
Attachment 1 - Professional Services Agreement with Placeworks
Attachment 2 - Professional Services Agreement with Linscott, Law & Greenspan,
Engineers
Attachment 3 - Request for Proposals (RFP) for Preparation of an Initial Study
Attachment 4 - Request for Proposals (RFP) for Preparation of a Traffic Impact Analysis
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of 2017 by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and Placeworks, a California Corporation
with its principal place of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707
(hereinafter referred to as "Consultant"). City and Consultant are sometimes individually referred
to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Preparation of an Initial Study (IS) and subsequent environmental document, as required by the
initial study, for the River Street, San Juan Capistrano project, which will likely include the
following entitlements: Code Amendment (CA) 16-003, Architectural Control (AC) 16-029,
Grading Plan Modification (GPM) 16-014, Flood Plain Land Use Permit (FP) 16-003, Tree
Removal Permit (TRP) 16-047, Site Plan Review (SPR) 16-007, and Sign Program (SP) 16-037
(hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
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 $168,239. 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.
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ATTACHMENT 1
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder by December 31, 2018.
The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
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8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assiqnment and Subcansultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
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(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
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d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must"pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
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(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
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otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend, with
counsel of City's choosing and at Consultant's own cost, indemnify and hold the City, its
officials, officers, employees, agents and volunteers free and harmless from any and all claims,
demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments,
awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, (collectively, "Claims') in any manner arising out of,
pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys'
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its officials, officers, employees, agents or volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
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reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Cede Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
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event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Meghan Directo as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano Placeworks
32400 Paseo Adelanto 3 MacArthur Place, Suite 1100
San Juan Capistrano, CA 92675 Santa Ana, CA 92707
Attn: David Contreras, Senior Planner Attn: Nicole Morse, Associate Principal
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
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22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24. Severabi,l_ty
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
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company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND PLACEWORKS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO Placeworks
By: By:
Ben Siegel
City Manager Its: !pruncimi
Printed Name: N i 1 11'aw qQj1iCjM
ATTEST:
By;
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
12
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PROPOSAL FOR CEQA SERVICES:
Environmental • • TechnicalServicesfor the
Proposed River Street Marketplace
SUBMITTED TO: OF " • DEVELOPMENT SERVICES DEPARTMENTOCTOBER 1
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PROPOSAL FOR CEQA SERVICES:
Environmental and Technical Services for
the Proposed River Street Marketplace
SUBMITTED TO:CITY OF SAN JUAN CAPISTRANO, DEVELOPMENT SERVICES DEPARTMENT OCTOBER 24, 2017
SUBMITTED TO:
CITY OF SAN JUAN CAPISTRANO
Mr.David Contreras,Senior Planner
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano CA 92675
SUBMITTED BY:
PLACEWORKS
Ms.Nicole Morse,Esq.
Associate Principal
3 MacArthur Place,Suite 1100
Santa Ana CA 92707 ` PLACEWORKS
714.966.9220 1 nmorse@placeworks.com
PLACEWORKS.COM
PLACEWORKS
October 24,2017
Mr.David Contreras
Senior Planner
City of San Juan Capistrano
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
Transmittal via Email:dcontreros@sanjuancopistrano.org
Subject: Proposal to Provide Environmental and Technical Services on the River Street Marketplace Project,City of
San Juan Capistrano(P2017-08245)
Dear Mr.Contreras;
Thank you for the opportunity to propose our environmental services and expertise to bring about the successful
completion of the California Environmental Quality Act (CEQA) documentation for the River Street Marketplace
Project (Project) in the City of San Juan Capistrano. Based on our familiarity with the City and project experience in
the downtown San Juan Capistrano area, we have a unique understanding of the environmental issues facing the
project, its context within the community, and the essential elements needed to effectively process CEQA
components. Please review our general methodology and approach to understand how we addressed this project.
Our in-house legal counsel,Nicole Morse,Esq.,Associate Principal,has been assigned to this project as the Principal-
in-Charge and Project Manager to ensure legal defensibility and quality control of the environmental and technical
reports. Nicole is intimately familiar with the area having prepared the Historic Town Center Master Plan EIR (SCH
No. 2011011036), the San Juan Hotel & Villas MND, and the Hotel Capistrano Addendum. Nicole has also worked
with many jurisdictions to address project design and context within and adjacent to historic districts and
communities. Most notably, she managed the successful completion of the San Clemente Centennial General Plan
EIR(addressing compatibility of new land uses with 5 buildings on the National Register of Historic Places(NRNP), 22
local landmarks, and several other historic properties); the Pasadena General Plan EIR (addressing compatibility of
new land uses with over 1,000 buildings on the NRHP, 11 historic districts, and 17 local landmark districts); and the
Crown City Medical Center EIR (addressing adjacency to the Pasadena Playhouse Historic District). Our project team
and general approach are outlined below.
PROJECT UNDERSTANDING
The River Street Project site consists of a 5.6-acre parcel that is occupied by Ito Nursery, a commercial nursery with
a sales office and associated sheds. The site is bounded by River Street to the north, existing homes and Los Rios
Street to the east, Del Obispo Street to the south, and Paseo Adelanto and Trabuco Creek to the west.The Project
site lies within the southern portion of the Los Rios Specific Plan (SP 78-01)adjacent to the Los Rios National Historic
District.Site access is provided by Los Rios Street, Paseo Adelanto,and River Street.
The River Street Marketplace Project proposes to develop approximately 61,000 square feet of commercial and
office space in five buildings designed with "Agrarian" themed architecture. Building heights will vary between 25
and 35 feet and surround a common area with several community amenities: grassy play areas, outdoor dining,
seating areas,bocce ball and horseshoe court,and vegetable garden for farm-to-table inspired dining.The proposed
Project will provide 289 parking spaces.
PLACEWORKS
Project implementation requires City Council approval of a Code Amendment (CA 16-003) to the Los Rios Specific
Plan (SP 78-01), Architectural Control (AC 16-029), Grading Plan Modification (GPM 16-014), Flood Plain Land Use
Permit (FP 16-003), Tree Removal Permit (TRP 16-047), Site Plan Review (SPR 16-007), and Sign Program (SP
16-037).
POTENTIAL AREAS OF ENVIRONMENTAL CONCERN
Potential areas of environmental concern associated with the proposed Project that will be fully analyzed and
mitigated (as needed), include but are not limited to:
• Compatibility of the proposed Project with the Los Rios National Historic District(NR 83001216), Los Rios Specific
Plan, and surrounding low-density residential and low-scale commercial uses. The analysis must address the
aesthetics and visual character, scale and massing, and direct and indirect impacts to a historical
district/resource.
■ Traffic and circulation concerns due to the amount and types of trips created by the proposed Project in a low
density, historic area of San Juan Capistrano comprised of low-speed, narrow streets.
■ Noise impacts, both temporary and long-term, on adjacent residents and businesses due to Project construction
and operational phases.
■ Construction-related vibration impacts to adjacent, older buildings and structures abutting or adjacent to the
eastern and northern boundaries of the Project site.
GENERAL METHODOLOGY/APPROACH
The River Street Marketplace Project is expected to face an extremely high level of public scrutiny. Many residents
surrounding the Project site have been residents of Los Rios and the City for decades and have a sense of ownership
and responsibility for the development that occurs in the Project area. Residents have vocalized their concerns at
public hearings and through social media.
The primary purpose of the CEQA document is to inform the public and decision-makers of the environmental
impacts associated with all phases of project development, including an analysis of project modifications that would
reduce or eliminate significant environmental impacts. With the high level of public interest and potential areas of
environmental concern, it is imperative that the CEQA documentation include an exhaustive review of potential
environmental impacts supported by technical studies, reports, modeling, correspondence with experts and
responsible agencies(substantial evidence).The CEQA document is the City's document that it must defend and rely
upon to understand the environmental impacts of the project when weighing the project merits at public hearings.
Therefore, we have proposed a highly comprehensive Initial Study, including detailed technical studies that would
either support a Mitigated Negative Declaration (MND), Focused Environmental Impact Report (EIR), or full-scope
Project EIR. Included in our scope of work is a specialized report to analyze the Project's potential impacts to the Los
Rios National Historic District and nearby historical resources.Once the results of the technical reports are known,a
determination will be made to proceed with an MND, Focused EIR, or full-scope EIR. Our scope of work includes
options for all processes.
In accordance with the RFP, the scope of work included herein includes the preparation of an Initial Study to
determine the appropriate level CEQA documentation.We have proposed a framework to make this determination
as early on in the process as possible and will coordinate with the City to proceed with the most appropriate, legally
defensible environmental documentation. We understand the City's objective to complete and adopt the
environmental documentation expeditiously, thoroughly, and with a high level of defensibility. Our firm has a
dedicated and experienced staff,and our project management systems ensure that we will meet the City's timeline
with high standards and level of defensibility.
OCTOBER 24,2017 1 PAGE 2
PLACEWORKS
TEAM BACKGROUND AND EXPERIENCE
PlaceWorks is one of the West Coast's leading environmental planning firms, providing environmental
documentation for public- and private-sector clients. Good environmental analysis does not just tally up impacts,
but finds opportunities to address and solve serious environmental concerns. We formulate workable plans and
programs while remaining objective to ensure environmental documentation withstands legal scrutiny.
We have over three decades of experience in environmental planning and science, bringing technical expertise and
a long-term perspective in shaping responses to the dynamic state and federal regulatory environment. Our in-
house project managers, environmental planners, scientists, and attorneys have handled projects of every size and
type, including large-scale comprehensive planning efforts, site-specific developments, and infrastructure
improvements. We have the capacity to provide environmental services for virtually any type of project. Our
reputation is built on our consistent production of effective and defensible environmental documents.
As stated previously, Nicole Morse, Esq., Associate Principal, will serve as principal-in-charge and project manager
and will serve as the City's primary, day-to-day contact for this assignment. Nicole will be assisted by Mark Teague,
AICP, Associate Principal, as an advisor, providing continuity in the CEQA analysis, public presentations, and
correspondence.Jorge Estrada, Senior Associate, will act as assistant project manager. Nicole Vermilion, Associate
Principal and Director of Air Quality/GHG & Noise Services, will direct the air quality, GHG, and noise analyses.
Additionally,the environmental team will be supported by our in-house technical experts,design and graphics team,
and technical editing and clerical staff.
For historical resource analysis, we have included Urbana Preservation & Planning (Urbana), a boutique client-
centric consulting firm offering specialized urban planning, historic preservation, cultural resources, history and
architectural history services, Urbana's principal project team members maintain certification in the American
Institute of Certified Planners and meet The Secretary of the Interior's Professional Qualification Standards for
Historic Preservation Professionals in the disciplines of History,Architectural History,and Archaeology,as well as the
expanded draft Professional Qualification Standards in the disciplines of Historic Preservation and Land Use/
Community Planning. Urbana's mission is to inform the future of the built environment by acknowledging the past.
The firm educates and engages people on the history of place and the importance of recognizing and retaining
historically and architecturally significant properties and provides regulatory compliance support for owners and
occupants of historic-era properties.
Also on our team is Cogstone Resource Management (Cogstone) to address cultural, paleontological, and tribal
cultural resources. Cogstone is a California corporation formed in 2001 and headquartered in Orange,specializing in
paleontology, archaeology, and history. Cogstone's team of qualified paleontologists, and archaeologists and
architectural historians meet or exceed the qualifications required by the Secretary of the Interior's Standards and
Guidelines for Archaeology and Historic Preservation, and are well versed in the compliance requirements for
federal,state,and local regulations,including CEQA,NEPA,Section 106 of the NHPA,NAGPRA,SB 18 and AB 52.
We greatly appreciate this opportunity and look forward to the possibility of working with the City for the successful
completion of the River Street Marketplace Project. Please contact me with any questions at 714.966.9220 x2318 or
nmorse@placeworks.com.This proposal and cost estimate shall remain valid for 90 days from the time of submittal
(and may be extended an additional 60 days upon request). As Associate Principal, I am authorized to bind
PlaceWorks and the project team to the contents of this proposal.
Respectfully submitted,
PLACEWORKS
_7r
'7 .
Nicol rse, Esq.
Ass cia Principal
October 24,2017 1 Page 3
Contents
TRANSMITTALLETTER ..................................................................................... 1
1 . WORK SCOPE............................................................................................ 5
Project Management, Meetings, and Public Hearings............................................................................. 5
TechnicalStudies.......................................................................... ......................................... .........- 6
CEQADocumentation.............. ....... .. ........... ......... ................................ .... .................................. 10
Certification Documents ..... .. ...... ... .. ................................ ...... ................................................ ........ 13
2. SIMILAR PROJECT EXPERIENCE ............................................................. 15
PlaceWorks.............................................................................................................................. ............... 15
Urbana Preservation & Planning............................................................................................................. 17
Cogstone Resource Management........................................................................................................... 18
3. PROJECT MANAGER RESUME ............................................................... 19
4. PROJECT SCHEDULE............................................................................... 21
5. PROJECT BUDGET ................................................................................... 23
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS i
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H CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
The following scope of work has been prepared in accordance with our approach and understanding of the Project
and pursuant to CEQA. It allows the City and project applicant some flexibility and the most cost-and time-efficient
method to proceed with either an Initial Study/MND or Initial Study/Notice of Preparation of a (Focused or full-
scope) EIR. Our scope of work assumes that PlaceWorks will provide comprehensive environmental and technical
services and that we will be responsible for each step of the CEQA process,from assisting the City with finalizing the
Notice of Intent or Notice of Availability, and MND or EIR, to filing the Notice of Determination. Specific tasks and
roles of PlaceWorks,City staff,and the project applicant are detailed in each task below.
PROJECT MANAGEMENT, MEETINGS, AND PUBLIC HEARINGS
TASK 1. PROJECT MANAGEMENT AND ADMINISTRATION
PlaceWorks' project manager will coordinate closely with City staff to ensure that the Initial Study/MND and/or EIR
and associated technical documents delivered to the City are legally defensible, accurate, and useful to decision
makers considering the approval of the Project. The project manager will coordinate with the City throughout the
Project,not only to streamline the CEQA process,but to avoid or anticipate any changes that could result in delays.
The project manager will be the key contact for the City and will be responsible for(1)managing task scheduling and
assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and
coordination with local and state agencies relative to the environmental document and the environmental review
process; (3) coordination and communications with City staff to ensure that City policies, procedures, and any
applicable codes are complied with and, where applicable, are incorporated into the Initial Study and/or EIR; (4)
ensuring that the environmental review process and the Initial Study and/or EIR satisfy the statutes and guidelines
of CEQA and the City's adopted Environmental Review Guidelines; and (5) representing the consultant team in
public meetings and conference calls as requested by the City.
The project management task is based on duration of the estimated schedule, which is presented below under
Proposed Schedule. It assumes five hours per month for up to eight months. If the schedule of the Project is
extended for reasons beyond PlaceWorks' control, a contract amendment may be required for additional fees for
project management and coordination efforts.
Deliverable(s):
Ongoing project management for the duration of the proposed schedule(40 hours)
TASK 2. DATA COLLECTION AND KICK-OFF MEETING
Under this task, PlaceWorks will review all relevant data, reports, and technical studies to outline the overall
environmental process and determine any further data needs. PlaceWorks' project manager and assistant project
manager will participate in a project orientation/kick-off meeting with City staff to discuss the proposed Project;
collect available project information and studies; identify any data needs and gaps; further define roles and
responsibilities; set a protocol for communication; and refine, if necessary, the overall work program. PlaceWorks
will prepare a meeting agenda and follow up with meeting minutes.
Deliverable(s):
Meeting agenda and minutes
TASK 3. MEETINGS AND PUBLIC HEARINGS
PlaceWorks' principal-in-charge, advisor,and assistant project manager will attend up to seven meetings at the City,
in addition to the initial kick-off meeting. Approximately two hours are assumed for each in-person meeting and
four hours for each public hearing—the hours noted include preparation,drive, and attendance time.This task may
be used for conference calls, in-person meetings, or public hearings; however,for budgetary purposes, we assume
three project status/update meetings and four public hearings.Additional meeting attendance by PlaceWorks staff
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 5
at the City's request will require a contract amendment and be billed in accordance with the hourly rates for the
personnel involved,as included in this proposal.
Deliverable(s):
Up to three project status/update meetings with City staff
Up to four public hearings(two Planning Commission and two City Council)
TECHNICAL STUDIES
Based on our understanding and review of the RFP, the following technical analyses/studies have been or will be
prepared by the project applicant's consultants and will be available for our effort.For purposes of this proposal,the
technical analyses/studies are assumed to be complete and contain all information necessary to adequately
evaluate impacts associated with the proposed Project. These reports will be included as appendices to the Initial
Study and/or EIR.
• Conceptual Site Plan, Landscape Plan, Grading Plan, and Building Elevations/Renderings (to be reviewed and
approved by City staff prior to incorporating into the Initial Study)
■ Tree Survey to accompany the Tree Removal Permit
• Native American Consultation Notes and Correspondence pursuant to AB 52 and SB 18
■ Phase I Environmental Site Assessment
• Preliminary Water Quality Management Plan and Hydrology Report
• Preliminary Geotechnical Evaluation Report
■ Infrastructure Report(Sewer and Water)
• Traffic Impact Analysis
PlaceWorks will prepare or provide the technical analyses and studies outlined below (Tasks 4.1 through 4.5) in
support of the Initial Study and/or EIR. The technical analyses/studies will be prepared in accordance with all
applicable and professionally-accepted federal,state and local guidelines,procedures, and requirements—including
the City's established significance thresholds.
TASK 4.1 VISUAL-AESTHETIC SIMULATION ANALYSIS(PLACEWORKS)
PlaceWorks' in-house graphic designer will create up to five visual simulations to adequately evaluate the potential
aesthetic and visual character impacts of the proposed Project on the surrounding community. The five vantage
points will be selected in coordination with City staff and based on public input.
A digital mass model of the site will be created based on building elevations of the proposed development. The
information from the digital mass model will be superimposed onto photographs of the existing site to accurately
portray the proposed buildings and the change in visual character of the site.The simulations will be presented as
"before and after" graphics.To complete this task, it is assumed that the project applicant will provide CAD files of
the site plan from the architect and GIS data from the City. Once completed, the visual simulations will be provided
as graphics in the Aesthetics section of the Initial Study and/or EIR.
Deliverable(s):
Visual simulations,to be included as exhibits in the Initial Study and/or EIR
TASK 4.2 AIR QUALITY AND GREENHOUSE GAS EMISSIONS ANALYSES(PLACEWORKS)
PlaceWorks will prepare an air quality and greenhouse gas (GHG) emissions analysis to evaluate potential impacts
from construction and operation of the proposed Project. The analysis will be consistent with the current
methodology of the South Coast Air Quality Management District (SCAQMD). Modeling of criteria air pollutant
emissions and GHG emissions will be conducted using the latest California Emissions Estimator Model (CalEEMod).
Construction Phase
PlaceWorks will estimate the increase in short-term criteria air pollutant emissions from demolition of the existing
structures associated with the former nursery and construction of the new commercial and office buildings. The
construction-phase regional emissions inventory will be based on the construction schedule, including duration for
6 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
each construction subphase, anticipated equipment for each subphase, and estimated demolition volumes and
earthwork (if applicable), as provided by the project applicant. Where information is unavailable, PlaceWorks will
use CaIEEMod defaults, as appropriate, and work with the City and project applicant to develop the construction
assumptions. Project-related construction emissions will be compared to the SCAQMD regional significance
thresholds for construction. Localized air pollution impacts from construction equipment exhaust and fugitive dust
will be compared to SCAQMD's screening-level localized significance thresholds (LST) for their potential to elevate
concentrations of air pollutants at the adjacent residential land uses surrounding the Project site.
Operation Phase
Criteria air pollutant and GHG emissions will be quantified from Project-related transportation sources,area sources
(i.e., architectural coatings and consumer products), energy sources (i.e., natural gas consumption, energy use),
water use and wastewater generation, and solid waste disposal. Vehicle miles traveled and/or trip generation
provided by the project applicant's traffic consultant will be integrated into the emissions modeling.Total emissions
from construction activities will be amortized into the GHG emissions inventory. Criteria air pollutant and GHG
emissions will be compared to SCAQMD's significance thresholds. Based on our preliminary CaIEEMod 2016 model
run, Project-related emissions will be close to the SCAQMD significance threshold. Therefore, any trip reductions
from trip internalization provided by the project applicant's traffic consultant will be incorporated into the model
run. Mitigation measures to reduce potentially significant impacts of the Project will also be considered, as
applicable.
GHG Plan Consistency
The GHG section will discuss the GHG reduction goals of Assembly Bill 32(AB 32),Senate Bill 32 (SB 32),and SB 375.
To achieve the GHG reduction targets of AB 32, the California Air Resources Board prepared the 2008 Scoping Plan
and a 2014 update and recently released a draft of the 2017 Climate Change Scoping Plan Update to achieve the SB
32 reduction target. In addition, the Southern California Association of Governments has adopted a regional
transportation plan/sustainable communities' strategy (2016-2040 RTP/SCS) to ensure that the southern California
region can attain the regional transportation-related GHG reduction goals of SB 375. Project consistency with these
statewide and regional GHG emissions reduction strategies will be reviewed.
Other Areas of Impact
The South Coast Air Basin (SoCAB) is currently designated nonattainment under the National and/or California
ambient air quality standards (AAQS) for ozone (03), fine inhalable particulate matter (PM25), coarse inhalable
particulate matter (PMIo), and lead (Los Angeles County only). SCAQMD has adopted air quality management plans
(AQMPs) to ensure the SoCAB can attain the long-term National and California AAQS. The analysis will include a
consistency evaluation of the Project's regional emissions to SCAQMD's AQMP. Furthermore, the SoCAB has been
designated in attainment for carbon monoxide (CO) under both the California and National AAQS; and therefore,
the air quality analysis will include only a qualitative assessment of CO hotspots. It will also include a qualitative
assessment of potential odor generation and impacts.
Deliverable(s):
Air quality and GHG modeling data and technical information,to be included as an appendix to the Initial Study
and/or EIR
TASK 4.3 NOISE AND VIBRATION ANALYSIS(PLACEWORKS)
PlaceWorks will evaluate potential noise and vibration impacts for the construction and operational phases of the
proposed Project. PlaceWorks will evaluate existing conditions and identify the nearest noise-sensitive receptors
and other pertinent environmental characteristics based on our experience and knowledge of similar noise
environments, aerial photography, site plans, and site photos. Given the nearby busy roadways (including Camino
Capistrano, Del Obispo Street, and Paseo Adelanto) and rail lines, and sensitive nature of the Los Rios Historic
District,ambient noise levels will be directly measured through a combination of short-term sampling and long-term
monitoring.Field noise measurements will be conducted.
PlaceWorks will make an assessment of temporary noise and vibration impacts during site preparation and Project
construction activities using industry-standard analysis techniques and using scheduling, equipment mix, hauling,
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 7
and truck trip information as provided by the project applicant.Since the site is generally level,significant grading is
not anticipated. Also, it is assumed that no pile driving will be needed since there are no proposed subterranean
facilities. Nonetheless, grading and other heavy-equipment activities will be the primary concern in terms of
potential construction-related noise and vibration impacts at nearby sensitive receptors. Further, since the site is
near a designated historic area, noise and/or vibration mitigation may be necessary to reduce the risk of significant
effects or damage to historic structures during Project construction.
Long-term, operational noise impacts will be primarily related to Project-generated traffic flows. Traffic noise
impacts to uses along nearby roadway segments will be calculated using input parameters based on traffic forecasts
in the Project's traffic impact analysis. Other, ongoing noise sources at the site(such as heating,ventilation,and air
conditioning units, maintenance activities, parking lot activity,and periodic truck movements)are expected to be of
secondary importance to the traffic noise impacts and will be discussed qualitatively.
Potential noise and vibration impacts will be evaluated according to applicable City noise and vibration criteria
included in the City's General Plan and Municipal Code.Additionally,guidelines and requirements established in the
Los Rios Specific Plan will be applied to the impact assessment. PlaceWorks will briefly address traffic flow and rail
pass-by noise effects onto the Project site (per the City's Noise Element[1999])for informational purposes, per the
CBIA v BAAQMD ruling (December 2015). Mitigation measures to reduce noise and vibration impacts will be
recommended,as necessary,to reduce potential impacts to less than significant levels.
Deliverable(s):
Noise and vibration modeling data and technical information,to be included as an appendix to the Initial Study
and/or EIR
TASK 4.4 HISTORICAL RESOURCE ANALYSIS REPORT(URBANA)
Urbana has been included on the consultant team to prepare a Historical Resource Analysis Report(HRAR). Urbana
will visit the River Street Project area to locate,photograph,and document all buildings and structures over 45 years
old, and to identify the Area of Potential Impact(API) (direct physical impacts and indirect visual impacts).This task
assumes that between 15 to 17 properties (buildings and structures with ancillary features) will be included in the
survey and documentation throughout and immediately adjacent to the Project area (approximately five structures
in aerial view) and immediately adjacent to the Project area (approximately 12 buildings in aerial view with a
concentration of historic-era homes located along the east side of Los Rios Street). Urbana will prepare a survey
summary table of existing historic-era properties within and immediately adjacent to the Project area for use in the
Initial Study and/or EIR.A historical resources survey area map will also be prepared.
Urbana will conduct contextual and property-specific historical research to inform the historical narrative, including
the use of historic aerial imagery,maps,City Directories,newspaper articles, local history publications and previously
prepared technical studies on file at the City of San Juan Capistrano.
Urbana will evaluate buildings and structures within the Project area/API for eligibility under the California Register
of Historical Resources (CRHR) and under the City of San Juan Capistrano Historic and Cultural Landmark Eligibility
criteria. Urbana will document and evaluate all properties at least 45 years old on DPR 523 A (Primary Record), B
(Building,Structure,Object Record),and L(Continuation Sheet)forms.Urbana will assign CRHR status codes to each
documented and evaluated property to inform project reviewers of each property's historical resource status.
Findings will be summarized in a survey summary table.
Urbana will also analyze the proposed Project for direct material and indirect visual impacts to historical resources
pursuant to CEQA Guidelines Section 15064.5 and the City's impact thresholds. Urbana will provide regulatory
conclusions on whether historical resources are present within the proposed Project area/API boundaries. Using
photo simulations, architectural drawings, and site plans provided to Urbana, Urbana will analyze the visual and
spatial qualities of the proposed Project to inform the City's Architectural and Site Plan Review Process, and to
provide a determination of whether the proposed Project would result in impacts to historical resources.As needed,
Urbana will provide mitigation recommendations to reduce impacts to a less than significant level. If significant
impacts per CEQA Guidelines Section 15064.5 including, avoidance, redesign, adaptive reuse, and relocation.
Schematic graphics to convey each alternative scenario will also be provided.
8 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
Urbana will submit the HRAR with all requisite DPR forms,maps,and other substantiating documentation to the City
of San Juan Capistrano for review, comment, and use in the regulatory process. Urbana will make revisions and
resubmit as needed.
Public Hearings/Meeting Attendance
Urbana's scope of work also includes attendance (in person or via conference call) at a project kick-off meeting at
the City, up to three project status/update meetings with City staff, and up to four public hearings. Supplemental
graphics,handouts,etc.will be prepared as needed to support City staff at these meetings.
Deliverable(s):
HRAR,to be included as an appendix to the Initial Study and/or EIR
Meeting Attendance:up to one kick-off meeting,three project status meetings,and four public hearings
TASK 4.5 CULTURAL RESOURCES REPORT(COGSTONE)
Cogstone has been included on the consultant team to prepare a cultural resources technical report in compliance
with CEQA and City Council Policy 601.The purpose of the cultural resources technical report will be to identify any
potential impacts to archaeological, paleontological,or tribal cultural resources resulting from the proposed Project.
Cogstone will conduct the following tasks:
■ Cultural Records Search.Cogstone will conduct a records search at the South Central Coastal Information Center
(SCCIC)at California State University, Fullerton,for a one-half-mile radius surrounding the Project area to identify
any previously recorded sites and previous cultural resource studies documented within the study area.
• Paleontological Records Search. Cogstone will request a paleontological records search from the Los Angeles
County Natural History Museum and provide a paleontological overview for the Project area, but not to the level
of a stand-alone paleontological study. If an independent report is required/requested by the City, this will be
completed under a separate cover letter and at an additional cost.
■ Native American Consultation. Cogstone will request a Sacred Lands File search from the Native American
Heritage Commission and will also assist the City in meeting AB 52 and SB 18 requirements by providing draft
consultation letters to be sent out by the City of San Juan Capistrano on City letterhead;managing responses;and
incorporating the consultation results along with mitigation measures(if needed)in the technical report.
• Background Research. Cogstone will conduct background research on the Project area, including a review of
historical maps, aerial photographs, archival sources, and pertinent documents (e.g., City of San Juan Capistrano
General Plan, Los Rios Specific Plan) in order to draft the prehistoric and historic context. Pertinent information
and materials obtained from the background search will be incorporated into the cultural resources technical
report.
Fieldwork
Cogstone will conduct an intensive surface-level field survey of the Project area to assess any previously
documented or newly observed cultural resources. Any resources will be recorded with a sub-meter GPS unit and
maps of any resources will be updated. The field survey will be supplemented by field notes and a detailed
photographic record, which will be summarized in the cultural resources technical report and included in the
technical appendices of the report.
Technical Report
Cogstone will prepare a cultural resources technical report. The report will include a summary of the results of the
records search,field survey,and previous consultation efforts to determine baseline conditions and assess potential
impact to cultural resources resulting from the proposed Project. All pertinent or necessary data will be included in
the technical report. Cogstone will respond to one round of comments from PlaceWorks and one round of review
from the City on the draft technical report and produce the final technical report.
Deliverable(s):
Cultural resources technical report,to be included as an appendix to the Initial Study and/or EIR
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 9
CEQA DOCUMENTATION
TASK 5.SCREENCHECK DRAFT INITIAL STUDY
The screencheck draft Initial Study will follow the City's format and will clearly identify and address potential
environmental issues facing the proposed Project. It will be clearly written and will avoid the use of technical jargon,
to the extent possible, so that the document is easily understood. As identified in the RFP, the Initial Study will
include: the project description, surrounding land use and setting, other required agency approvals, discussion of
environmental evaluation, required notices, and references. The existing conditions of the Project site will be used
to set the baseline for the environmental analysis.
Environmental Analysis
The screencheck draft Initial Study will address each of the environmental topics in the CEQA Guidelines:
■ Aesthetics ■ Land Use and Planning
■ Agriculture and Forestry Resources ■ Mineral Resources
■ Air Quality • Noise
• Biological Resources • Population and Housing
• Cultural Resources • Public Services
• Geology and Soils ■ Recreation
• Greenhouse Gas Emissions • Transportation and Traffic
• Hazards and Hazardous Materials • Tribal Cultural Resources
■ Hydrology and Water Quality ■ Utilities and Service Systems/Energy
Findings will be clearly substantiated in the Initial Study for each environmental topic checklist question to conclude:
1) no impacts, 2) impacts will be less than significant, 3) impacts will be less than significant with mitigation
incorporated, or 4) impacts will be potentially significant. The determination of significance will be based on
significance thresholds established by the City's adopted Environmental Review Guidelines.The Initial Study will be
prepared in accordance with the requirements of CEQA (California Public Resources Code, sections 21000 et seq.),
State CEQA Guidelines (California Code of Regulations, sections 15000 et seq.), and City's adopted Environmental
Review Guidelines.
Impacts determined to be potentially significant may trigger the need to prepare an EIR.This determination will be
made as early on in the process as possible to avoid any unnecessary delays. Environmental topical areas that have
the potential to trigger the need for an EIR with similar types of projects include air quality, GHG emissions,
historical resources, noise (construction-related), and/or transportation/traffic.Therefore, PlaceWorks will focus on
these environmental topical areas up front to ensure that pertinent environmental conclusions are addressed at the
outset.The option to prepare an EIR is provided in Tasks 6B through 6D of this proposal.
The completed screencheck draft Initial Study will be submitted to the City for review and comment. Our proposed
schedule and budget assume that a complete screencheck document will be prepared for review and comment,
which is more efficient than submitting sections incrementally. Our proposal also assumes that all City comments
will be delivered to PlaceWorks at the same time in lieu of separate deliveries from the various City staff and
departments. PlaceWorks' project manager will meet with the City to discuss and resolve any major areas of
concern in the screencheck draft or to clarify areas of misunderstanding, etc. Follow-up with the City will be
conducted as necessary to respond to comments.
For the purposes of this proposal,we assume that one round of review of the screencheck draft Initial Study by the
City will be necessary. Modification to the scope of work, budget, and time frame may be necessary if additional
screencheck reviews are required.
Deliverable(s):
Screencheck Draft Initial Study, including technical appendices(digital in both PDF and MS Word,and 2 hard
copies)
10 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
TASK 6. PREPARATION OF MND(TASK 6A) OR EIR(TASKS 6B-6D, 9)
If it is determined, pursuant to CEQA Guidelines Section 15070,that there is no substantial evidence that the Project may
have a significant effect on the environment or that mitigation measures have been included in the Project to avoid or
mitigate significant effects to less than significant,then Task 6A will be followed. However, if there is substantial evidence
that the Project may result in a significant effect on the environment,then an EIR will be required. In this case,the Initial
Study would be distributed with a Notice of Preparation and an EIR will be prepared.Tasks 6A and Tasks 613 through 6D
and Task 9(replacing Task 6A)have been included in this scope of work as optional tasks in the event an EIR is required.
TASK 6A. PUBLIC DRAFT INITIAL STUDY AND NOTICE OF INTENT TO ADOPT AN MND
PlaceWorks will prepare the public draft Initial Study,which is the final copy/version of the document before it goes
into reproduction. Upon City approval of the Initial Study as the public draft version, we will prepare a Notice of
Intent (N01) to adopt an MND. The NOI will clearly identify the public review period, contact person, and address
established for submitting comments on the Initial Study.
Our budget assumes that PlaceWorks will reproduce and distribute the public draft Initial Study and N01 to the State
Clearinghouse, County Clerk, responsible and trustee agencies, and other special interest groups and individuals
identified on a distribution list to be developed in consultation with the City. It is assumed that the City will be
responsible for all newspaper notices, site postings, and direct mailings to surrounding property owners, and will
post the Initial Study/MND and N01 on the City's website.
Deliverable(s):
Public draft Initial Study,including technical appendices(digital in both PDF and MS Word and 3 hard copies)
File NOI with County Clerk,including associated filing fees
(OPTIONAL EIR TASK)—TASK 6B. NOTICE OF PREPARATION AND SCOPING MEETING
Distribute Notice of Preparation
PlaceWorks will edit the Initial Study upon receipt of City's comments. Upon approval of the Initial Study as the
public draft version,we will also prepare a Notice of Preparation (NOP) of a Draft EIR.The NOP will clearly identify
the public review period,contact person,and address established for submitting comments on the Initial Study.
Our budget assumes that PlaceWorks will reproduce and distribute the public draft Initial Study and NOP to the
State Clearinghouse, County Clerk, responsible and trustee agencies, and other special interest groups and
individuals identified on a distribution list to be developed in consultation with the City. It is assumed that the City
will be responsible for all newspaper notices,site postings,and direct mailings to surrounding property owners,and
will post the Initial Study and NOP on the City's website.
Scoping Meeting
PlaceWorks will assist the City in organizing and conducting one public scoping meeting to present the preliminary
environmental impacts of the proposed Project and to solicit comments regarding the scope and content of the
environmental issues to be addressed in the EIR.We will prepare a PowerPoint presentation for the meetings to be
reviewed by the City prior to finalization.At the meetings,we will be prepared to discuss the environmental review
process and to answer specific questions,as desired by the City.
It is recommended that the scoping meetings be held one to two weeks after the release of the NOP so that the
public has time to read through the Initial Study/NOP, and public concerns about environmental issues can be
identified. After each meeting, we will prepare a summary of comments that will be included in the EIR, with
reference to where each comment is addressed or an explanation for why it is not addressed (e.g., not an
environmental issue),
Deliverable(s):
Screencheck and Final Initial Study,including technical appendices(digital in both PDF and MS Word and 2
hard copies)
File NOP with County Clerk, including associated filing fees
Prepare materials for and conduct a scoping meeting
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 11
(OPTIONAL EIR TASK)—TASK 6C. SCREENCHECK DRAFT EIR
PlaceWorks will prepare a project-level EIR in accordance with Section 15161 of the CEQA Guidelines. In accordance
with Section 15161,the project EIR will examine the environmental impacts of the proposed Project and will focus
primarily on the changes in the environment that would result from the Project. The EIR will clearly identify and
address all potential issues facing the proposed Project.The EIR will also examine all phases of the Project including
planning, construction, and operation. The EIR will be clearly written and will avoid technical jargon, to the extent
possible,so that the document is easily understood. If technical terms need to be introduced for accuracy,they will
be clearly defined.The existing conditions of the Project site will be used to set the baseline for the environmental
analysis. Mitigation measures will be recommended in the EIR, where necessary. PlaceWorks will coordinate with
City staff to obtain available project information, including technical reports and construction equipment and
schedule information.
PlaceWorks will prepare a screencheck Draft EIR that includes all mandatory elements of an EIR in accordance with
the CEQA Guidelines.Sections of the EIR will include:
• Executive Summary
• Introduction
■ Project Description
• Environmental Setting
■ Environmental Topical Sections,to include Existing Conditions and Regulatory Setting,Thresholds of Significance,
Environmental Impact Assessment/Analysis,and Mitigation Measures(as needed)
• Alternatives to the Project
• Other CECA-Mandated Sections(e.g.,Significant Unavoidable Adverse Impacts,Growth-Inducing Impacts)
The completed screencheck Draft EIR will be submitted to City staff for review and comment. Our proposed
schedule and budget assumes that a complete screencheck draft will be prepared for review and comment,which is
more efficient than submittal of selected sections on an incremental basis. It is also assumed that all City staff
comments concerning the screencheck Draft EIR will be transmitted in writing or via email to PlaceWorks at the
same time.As appropriate, PlaceWorks' project manager will meet with City staff to discuss and resolve any major
areas of concern or to clarify areas of misunderstanding, etc. Follow-up with City staff/departments will be
conducted as necessary to respond to comments.
For the purposes of this proposal,we assume that up to two rounds of review of the Screencheck Draft EIR by City
staff will be necessary. Modification to the scope of work, budget, and time frame may be necessary if additional
reviews are required.
Deliverable(s):
Screencheck Draft EIR,including technical appendices(digital in both PDF and MS Word,50 CDs,and 2 hard
copies)
(OPTIONAL EIR TASK)—TASK 6D. PUBLIC DRAFT EIR
PlaceWorks will prepare the public Draft EIR, which is the final version of the document before it goes into
reproduction. Upon City approval of the Draft EIR as the public draft version,we will prepare a Notice of Availability
(NOA). The NOA will provide a summary of the project description and an explanation of the scope of issues
included in the Draft EIR. The NOA will also clearly identify the public review period, contact person, and address
established for submitting comments on the Draft EIR.
Unless requested/required otherwise by the City,our budget assumes that PlaceWorks will reproduce and distribute
the public draft EIR and NOA to the State Clearinghouse, County Clerk, responsible and trustee agencies,and other
special interest groups and individuals identified on a distribution list to be developed in consultation with the City.
It is assumed that the City will be responsible for all newspaper notices and site postings, and if necessary,will post
the Initial Study on the City's website.
Deliverable(s):
Public Draft EIR,including technical appendices(50 CDs and 3 hard copies)
12 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
File NOA with County Clerk,including associated filing fees
CERTIFICATION DOCUMENTS
TASK 7. RESPONSE TO COMMENTS
Although formal Response to Comments is not required for an MND, we recommended preparing one in this case
due to the level of community interest in the project and to ensure that all CEQA related comments are adequately
addressed in writing. PlaceWorks will prepare responses to public comments received either during the 30-day MND
public review period or the 45-day EIR public review period, as needed.The Response to Comments will contain an
introduction describing the public review process concerning the MND or Draft EIR, copies of all comment letters
received,written responses to comments,and revisions to the MND or Draft EIR.
Responses will focus on comments that address the adequacy of the environmental document. Comments that do
not address the CEQA adequacy will be noted as such and no further response will be provided, unless deemed
necessary by City staff. PlaceWorks will prepare the responses in coordination with City staff, as needed,to ensure
that the Draft EIR and associated documents are legally defensible, accurate, and useful to decision makers
considering approval of the proposed Project.
The budget for the Response to Comments is an estimate only and assumes approximately 100 hours to complete.
The estimated budget assumes that no additional basic research will be required to respond to comments,that the
comments will be directed at the substance and technical adequacy of the document, and that the comments will
be compiled by the City and transmitted in writing or via e-mail to PlaceWorks. Modification to the scope of work,
budget, and time frame may be necessary if comments received from agencies and/or the general public requires
substantially increasing the scope of impacts and issues to be addressed.Should this situation become apparent,we
will discuss this concern with the City before the response to comments budget is consumed to determine an
appropriate course of action.
As required by CEQA, responses to "public agency" comments will be provided to those agencies a minimum of 10
days prior to consideration of the Project by the City Council.
For the purposes of this proposal, we have budgeted one round of review of the screencheck Response to
Comments by City staff. Modifications to the scope of work, budget, and time frame may be necessary if additional
Screencheck reviews are required. Upon acceptance of the document, PlaceWorks will reproduce and distribute the
Response to Comments to the commenting agencies a minimum of 10 days prior to the public hearings.
Deliverable(s):
Screencheck and Final Response to Comments document(digital in both PDF and MS Word;25 CDs and 5 hard
copies)
TASK 8. MITIGATION MONITORING AND REPORTING PROGRAM
PlaceWorks will prepare a Mitigation Monitoring and Reporting Program (MMRP) based on mitigation measures
identified in the Initial Study/MND or EIR and pursuant to Section 21081.6 of the CEQA Public Resources Code.The
MMRP will be defined through working with City staff to identify appropriate monitoring steps/procedures in order
to provide a basis for monitoring such measures during and upon Project implementation. It will be in standard City
format and will identify the significant impacts that would result from the proposed Project; proposed mitigation
measures for each impact; the timing at which the measures will need to be conducted; the entity responsible for
implementing the mitigation measure; and the City department or other agency responsible for monitoring the
mitigation effort and ensuring its success. The MMRP will be submitted to City staff for review and approval in
conjunction with submittal of the Response to Comments(see Task 7).
Deliverable(s):
Screencheck and Final MMRP(digital in both PDF and MS Word)
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 13
(OPTIONAL EIR TASK)—TASK 9.FINDINGS OF FACT AND STATEMENT OF OVERRIDING
CONSIDERATIONS
Section 15091 of the CEQA Guidelines requires that no public agency approve or carry out a project for which an EIR
has been completed that identifies one or more significant environmental effects,unless the public agency prepares
findings for each significant effect. If required,PlaceWorks will prepare draft findings and facts in support of findings
for each of the significant impacts identified by the Draft EIR and the determination as to whether those impacts
would be reduced to below a level of significance by proposed mitigation measures.These findings and facts will be
incorporated into the resolution(s)to be prepared by City staff,if deemed necessary.
Additionally, Section 15093 of the CEQA Guidelines requires that when an agency approves a project that will have
significant adverse environmental effects that are unavoidable, the agency must make a statement of its views on
the ultimate balancing of the merits of approving the project despite the environmental impact(s). PlaceWorks will
prepare the statement of overriding considerations for any unavoidable significant impacts that may be identified by
the Draft EIR.
Deliverable(s):
Findings of Fact/Statement of Overriding Considerations(digital in both PDF and MS Word)
TASK 10. NOTICE OF DETERMINATION
Within five days after approval of the Project by the San Juan Capistrano City Council, PlaceWorks will file a Notice of
Determination (NOD)with the County Clerk and State Clearinghouse.The NOD will be hand delivered to the County
Clerk along with the required California Department of Fish and Wildlife and County fees.
Deliverable(s):
File NOD with State Clearinghouse and County Clerk,including associated filing fees
14 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
PLACEWORKS
HOTEL CAPISTRANO(ADDENDUM TO THE SAN JUAN HOTEL&VILLAS INITIAL STUDY/MND)
City of San Juan Capistrano I San Juan Capistrano,California
PlaceWorks prepared an Addendum for a 3.16-acre Hotel Capistrano project site is located in the Historic Town
Center in downtown San Juan Capistrano. The project is situated about 700 feet south of Mission San Juan
Capistrano in the heart of the City's downtown adjacent to two historically significant buildings, the Judge Egan
House and Esslinger Building.The project was modified from the previous approval to allow for 102 hotel rooms and
a 6,937 square feet restaurant. The hotel is designed to reflect classic Spanish colonial architecture with ornately
landscaped grounds and resort amenities,including multiple pedestrian pathways that are designed to inspire public
use and connect the downtown, HTC Park, Mercado Village, and the retail along Del Obispo. The hotel building
would be in a 'V'shape with the open end of the V facing HTC Park to the north, providing further connectivity to
the downtown.
The Addendum address all environmental topical areas and focused on evaluating visual simulations, lighting,
architecture,and massing to address indirect impacts to nearby and adjacent historical buildings and context within
the Historic Town Center.
Client Contact: Mathew Evans,Contract Planner,949.487.4314
Dates of Service: 04/2016—09/2016
SAN JUAN HOTEL&VILLAS INITIAL STUDY/MND
City of San Juan Capistrano I San Juan Capistrano,California
The San Juan Hotel &Villas project consisted of a tentative tract map, architectural control, a grading modification
plan, a sign program, a tree removal permit, and administrative modifications to the form-based code to allow for
the development of a hotel and 33 townhouse-style villas. The proposed Kimpton Hotel consisted of 136 guest
rooms in 69,282 square feet and connects to the spa,restaurant,and event space.The project's Mediterranean and
Spanish colonial architecture was designed to be complementary to the surrounding community. The Initial
Study/MND evaluated visual simulations, lighting, architecture, and massing to address indirect impacts to nearby
and adjacent historical buildings including Judge Richard Egan House and the Esslinger Building.
Client Contact: William Ramsey,AICP(formerly with City of San Juan Capistrano),Assistant Development Services Director
949.533.2219
Dates of Service: 11/2013—09/2014
HISTORIC TOWN CENTER MASTER PLAN EIR*
City of San Juan Capistrano I San Juan Capistrano,California
On April 2012, the City Council of San Juan Capistrano certified the Program EIR and adopted the Historic Town
Center Master Plan (HTCMP) and the Historic Town Center form based code. The HTCMP, Historic Town Center
Form Based Code, General Plan Amendment, and Rezone collectively provided the long term guidance for
redevelopment of the downtown San Juan Capistrano area for a 20+year period.The form based code dictated the
character and feel of redevelopment while allowing for some flexibility to account for market conditions. Overall,
buildout of the HTCMP could increase total building area by approximately 61 percent by allowing an additional
203,723 sf of retail space, 137,014 sf of commercial/office space, 36,853 sf of civic use, 239 residential units, and
214 hotel rooms.
The Program EIR was pivotal in addressing a number of environmental concerns including aesthetics/visual
character,historical resources,land use compatibility,and mobility(walkability,transit,and multimodal design).
Client Contact: William Ramsey,AICP(formerly with City of San Juan Capistrano),Assistant Development Services Director
949.533.2219
Dates of Service: 2011-2012
*Note:This project was led by PlaceWorks'Nicole Morse in 2011-2012,while employed by another consulting firm.
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 15
HISTORIC PASADENA GENERAL PLAN AND EIR and CROWN CITY MEDICAL CENTER EIR
City of Pasadena I Pasadena,California
PlaceWorks led a multidisciplinary team to support city staff in the update of the
general plan land use and mobility elements and prepare the associated EIR.The Pasadena residents have a
general plan builds on seven guiding principles to conserve the city's historic high level of interest and
neighborhoods and districts and target infill in its downtown and around transit knowledge in the planning
and development of the
stations. It reinforces transformations that have occurred during the past decade
with infill mixed-use and housing development, pedestrian-oriented streets, and city. it collaboration con uct with
sustainable development practices. the City, we conducted jour
prescoping meetings to lay
PlaceWorks collaborated with city staff in the design and implementation of an the groundwork far the
extensive program of public outreach and involvement. More than 6,000 CEQA process, Program
residents and business people participated in stakeholder meetings, public EIRs,and future tiering
workshops, advisory committee meetings, and online and administered surveys. opportunities.
A 3-day charrette provided a forum for intensive public discussion of options for
the future,facilitated by the use of 3D imagery to enable participants to visualize their implications on physical form
and community character. Over 8 percent of the residents responded to a survey and identified preferences among
the four vision plans and scenarios developed in the charrette.
PlaceWorks strategized with city staff on the scope of the upcoming General Plan EIR after receiving input from all
city departments and community stakeholders.
Client Contact: Stephanie DeWolfe,Deputy Director of Planning,626.744.7143,sdewolfe@cityofpasadena.net
Dates of Service: 09/2010—08/2013
CROWN CITY MEDICAL CENTER SUBSEQUENT EIR
City of Pasadena I Pasadena,California
The Crown City Medical Center consisted of a conditional use permit,two minor conditional use permits,and design
review to allow for the development of an 112,252-square-foot,five-story medical office building with ground-floor
retail and five levels of underground parking.
The project required extensive historical resources analysis due to its proximity within the shoehorn of the Pasadena
Playhouse Historic District. Indirect impacts to the National historical district were evaluated per the National
Register Bulletin 1S criteria of its potential impact to location, design, setting, materials,workmanship, feeling and
association.The design and massing of the building was also evaluated to address the visual character of the area.
the building was oriented in an L-shape to front Colorado Boulevard and Madison Avenue with a setback of
approximately 14 feet, which was found to enhance pedestrian connectivity and preserve the existing street trees
along Madison Avenue and Colorado Boulevard.
Client Contact: David Sinclair, LEED AP,Planner,626.744.6766,dsinclair@cityofpasadena.net
Dates of Service: 05/2012—08/2013
SAN CLEMENTE GENERAL PLAN EIR
City of San Clemente I San Clemente,California
The general plan presented an opportunity to refine the community's vision,
building on its heritage as the Spanish Village by the Sea. It positions this nearly
built-out city to capitalize on existing assets and set a course for strategic
investments in the coming decades.Geographically constrained,the city faced many
challenges to remaining economically and fiscally sustainable without compromising
its existing neighborhoods, the "historic" character first envisioned by the city
founder, unique surf culture, and small-town feel enjoyed by residents and visitors
alike.
Development opportunities needed to reflect community values, as did the goals,
policies, and standards that guided them. PlaceWorks engaged the community through a 25-member general plan
advisory committee and several public workshops. In addition, PlaceWorks'senior economist met with business and
property owners from major business centers and Saddleback Memorial Hospital to identify strategies for retaining
16 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
and attracting new businesses to San Clemente. Land use concepts were developed with public support following
extensive study of fiscal and economic impacts, community design considerations, and environmental concerns.
Using the city's award-winning "Long Range Financial Planning Framework" as a guide as well as available web-
based technologies, PlaceWorks designed the General Plan—particularly its economic development and governance
elements—to better strengthen the relationship between the city's long-range goals and shorter-term
implementation.
Client Contact: Mr.Jim Pechous(formerly with City of San Clemente),Assistant Community Development Director,
949.497.0320,jpechous@lagunabeachcity.net
Dates of Service: 2012-2013
URBANA PRESERVATION & PLANNING
THIRD AVENUE COMMUNITY CHARACTER+BUSINESS IMPROVEMENT GUIDELINES
City of Chula Vista,CA
The Third Avenue Community Character+Business Improvement Guidelines(Third Avenue Guide)were prepared
in support of economic development, historic preservation, and community culture and aesthetics goals for Chula
Vista and the Third Avenue central business district.The street has long served as the commercial core for the city
and endures as such with a mix of new and legacy businesses offering restaurant, entertainment, services, and
goods to residents,property owners,business owners,and visitors.The purpose of the guide is to assist building and
business owners in the design decision-making process associated with facade improvements, remodels, and
building rehabilitations. It is focused on the retention and enhancement of existing features that contribute to the
character of the area while recognizing that new construction or substantial remodels may occur at select
locations.
Urbana's methods included physical survey and photography of the 86 buildings within the project boundaries,
recordation of building materials and character-defining features for each property, identification of historic and
vintage views of the street and storefronts, identification of legacy businesses via historical research, preparation of
commercial building anatomy graphics to serve as photo glossaries for guide users, preparation of general design
guidelines by category, and preparation of individual building recommendations based on Urbana's assessment of
each storefront for existing features recommended for retention and repair and features recommended for removal
and remodel as part of a larger facade improvement campaign
Client Contact: Lynnette Tessitore-Lopez,Cultural Arts Program Manager,Economic Development Department,
619.409.5465,Ltessitore-lopez@chulavistaca.gov
Dates of Service:2015-2016
HISTORIC AMERICAN LANDSCAPES SURVEY,COLLIER PARK
City of La Mesa,CA
Urbana was retained by the City of La Mesa to prepare a Level II Historic American Landscapes Survey (HALS)
documentation package for Collier Park, a city-owned park intended for renovations and improvements using
federal funds. The park is the site of three natural springs that, in 1907, were harnessed to feed a water bottling
operation developed by prominent San Diegan, David C. Collier. In its 95-year history, Collier Park has served as a
community park and gathering place, offering recreational activities within the setting of D.C. Collier's old water
bottling site. The park is identified as HALS No. CA-122. Urbana's work was submitted to the City of La Mesa to
satisfy project mitigation requirements for a discretionary action at Collier Park,and was submitted to the National
Park Service for inclusion in the United States Library of Congress. All work also satisfied the National Historic
Preservation Act Section 106 requirements imposed for the federally funded park improvement project.
Client Contact:Allyson Kinnard,Associate Planner,Community Development Department,619.667.1196
Dates of Service:2015-2016
AS-NEEDED HISTORIC PRESERVATION CONSULTING
City of San Diego,CA
Under contract to the Redevelopment Agency (RDA) of the City of San Diego, Urbana provided as-needed historic
preservation consulting services including for projects in the City Heights, Linda Vista, and North Park
Redevelopment Areas. Urbana prepared Historical Resource Technical Reports for RDA-owned properties including
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 17
the Sally Wong Building and the associated Laughlin / Lingo building block at 4100 University Avenue and for the
Linda Vista Tenant Activity Building at 6907 Linda Vista Road, as well as a Historic Structure Report for the Tenant
Activity Building to inform adaptive reuse opportunities as part of a proposed Master Development process for the
southern portion of the Linda Vista Shopping Center. While in discussion to complete a limited historical resource
survey in North Park,the RDA was dissolved on February 1,2012 per Assembly Bill 1X 26.
Urbana's role as an as-needed consultant was to prepare intensive level documentation and National Register,
California Register, and Local Register eligibility evaluations for RDA projects, contributing to the proposed project
design and development team efforts by identifying the character-defining features of RDA properties, analyzing
proposed project designs for compliance with The Secretary of the Interior's Standards for Rehabilitation,attend and
represent historical resource conclusions at public workshops and public hearings, and respond to RDA staff as-
needed regarding any technical historic preservation concern
Client Contact:Eliana Barreiros,Project Manager,Redevelopment Agency,619.533.6510,ebarreiros@sandiego.gov
Dates of Service:2009-2012
COGSTONE RESOURCE MANAGEMENT
HISTORIC TOWN CENTER MASTER PLAN PROGRAM EIR
San Juan Capistrano,CA
Cogstone conducted an intensive-level pedestrian survey and assessment to determine the potential effects on
cultural resources of potential changes to the Historic Town Center Master Plan area in support of a Program El on
behalf of the City. Cogstone supervised archaeological and paleontological record searches, research, and survey
plus Native American consultation for the 31-acre town center. We evaluated resources, including updated site
records and impact assessment.
Client Contact:Nicole Morse,Esq.,Associate Principal,PlaceWorks,714.966.9220
Dates of Service:2011
18 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
3. Project Manager Resume
Nicole Morse, Esq.,Associate Principal,is proposed at Principal-in-Charge and Project Manager.As requested in the
RFP, a one-page version of Nicole's resume is provided on the following page. An expanded version, as well as full
resumes of key staff or all project team members will be provided upon request.
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 19
NICOLE MORSE, Esq.
Associate Principal
Nicole has nearly 20years of environmental planning experience With her background EDUCATION
as both an attorney and a planner,she thoroughly understands planning and zoning
law,the California Environmental Quality Act(CEQA),SB 743, the California Global " JD,Business Law,Whittier Law
Warming Solutions Act of 2006(AB 32),and the Sustainable Communities and Climate School,Costa Mesa
» BS,Applied Ecology,University of
Protection Act of 2008 (SB 375). Nicole manages and coordinates environmental California,Irvine
documents to withstand legal scrutiny.She reviews EIRs, negative declarations, and
various technical reports for compliance with CEQA, NEPA,the Endangered Species
Act(ESA), and various other regulatory requirements,She also conducts third-party REGISTRATIONS
review and litigation support for controversial projects. » State Bar of California No.262013
Nicole has a broad spectrum of experience for public- and private-sector clients
She has prepared and managed environmental and planning documents for transit AFFILIATIONS
oriented development (TOD) projects, downtown and corridor redevelopment » Association of Environmental
programs, urban infill (residential, mixed-use and high-rise), master planned Professionals(AEP)
communities, and general plans. For over 10 years, Nicole provided CEQA and
ESA policy guidance as a representative on AEP's Legislative Review Committee—
including on CEQA reform efforts,streamlining,and SB 743.She also speaks regularly Team member Since 2011
on CEQA and related case law.
HIGHLIGHTS OF EXPERIENCE
CEQA DOCUMENTATION
» Hotel Capistrano Addendum I San Juan Capistrano CA
» San Juan Hotel and Villas MND I San Juan Capistrano CA
» Historic Town Center Master Plan EIR I San Juan Capistrano CA
» Tustin Legacy Specific Plan EIR I Tustin CA
» General Plan EIRs for cities of Pasadena,San Clemente,Westminster,La Habra,CA
» Lincoln Avenue Specific Plan EIR and Crown City Medical Center SEiR I Pasadena CA
» S.E, Long Beach Specific Plan EIR and Midtown Specific Plan EIR I Long Beach CA
» Harbor Boulevard Mixed-Use Transit Corridor Plan I Santa Ana CA
» Valley Boulevard Corridor Specific Plan EIR I San Bernardino County CA
» The Forum Design Project Categorical Exemption I Inglewood CA
THIRD-PARTY REVIEW&LITIGATION SUPPORT
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TEACHING
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LEADERSHIP AND COMMUNITY
» OC Chapter Representative,AEP Legislative Committee 12003-2013
» Executive Vice President I AEP Orange County Chapter 2000-2003 PLACEWORKS
Based on the availability of a complete project description and supporting technical analyses/studies (as described
under"Technical Studies")and upon project initiation,the preparation and processing of an MND and all associated
reports are anticipated to require approximately eight months from start(contract approval)to finish (City Council
hearing). We have prepared an MND Estimated Project Schedule (see Table 1) that can be further refined upon
project initiation. Note that preparation of an EIR would take an additional two to four months approximately. An
EIR Estimated Project Schedule provided on Table 2. If selected, PlaceWorks would prepare a detailed project
schedule for the City prior to the kick-off meeting for City review and approval.We will work to meet the scheduling
objectives of the City.
Table 1. MND Estimated Project Schedule
Task Timeline/Due Date
Contract Approval November 7,2017
November 13,2017(1 week after approval of contract
Project Orientation/Kick-off Meeting by City Council at November 7th council meeting).
Obtain data,reports, and files required for analysis(see
"Technical Studies").
November 13—December 4,2017(3 weeks;schedule
Preparation of Draft Technical Analyses/Studies assumes that PlaceWorks will be provided with all
(Visual-Aesthetic Simulation,Air Quality&GHG,Historic pertinent project information/details needed to
Resources, Cultural Resources,and Noise Analyses) commence the analyses/studies prior to or on November
13,including a completed applicant-prepared traffic
study and project construction data request)
First Project Status/Update Meeting
(meeting to discuss initial findings and conclusions of technical Week of December 5, 2017
analyses/studies)
PlaceWorks Preparation of First Screencheck Draft Initial Study
(proceed with preparation of Initial Study that will support an December 8,2017—January 12,2018
MND, based on findings of technical analyses/studies and (5 weeks;schedule takes into consideration holiday
direction provided at project status/update meeting with City closures and vacations)
staff)
City Review of First Screencheck Draft Initial Study January 12—January 26(2 weeks)
(including technical appendices) I
Second Project Status/Update Meeting
January 26,2018
(meeting to discuss Screencheck Draft Initial Study)
PlaceWorks Revisions and Preparation of Second Screencheck January 29—February 12,2018(2 weeks)
Draft Initial Study
City Review of Second Screencheck Draft Initial Study February 12—February 26, 2018(2 weeks)
PlaceWorks Revisions and Preparation of Public Draft Initial Study February 26—March 2, 2018(5 working days)
CEQA Public Review Period of Public Draft Initial Study/MND March 5—April 3,2018(30 calendar days)
Third Project Status/Update Meeting
(meeting to discuss comment letters received on public draft April 2,2018
Initial Study)
PlaceWorks Preparation of Response to Comments and Mitigation April 2—April 16,2018(2 weeks;schedule includes
Monitoring and Reporting Program PlaceWorks preparation and City review time)
Planning Commission Meetings
First Meeting:April 24,2018
(up to 2;per the City's website, Planning Commission meetings Second Meeting:May 22,2018
are held once a month,on the fourth Tuesday of each month)
City Council Meetings First Meeting:June 5,2018
(up to 2; per the City's website,City Council meetings are held Second Meeting:July 3,2018
once a month,on the first Tuesday of each month)
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 21
Table 2. EIR Estimated Project Schedule
Task Timeline/Due Date
Contract Approval November 7,2017
November 13,2017(1 week after approval of contract
Project Orientation/Kick-off Meeting by City Council at November 7th council meeting).
Obtain data,reports,and files required for analysis(see
"Technical Studies").
November 13—December 4,2017(3 weeks;schedule
Preparation of Draft Technical Analyses/Studies assumes that PlaceWorks will be provided with all
(Visual-Aesthetic Simulation,Air Quality&GHG,Historic pertinent project information/details needed to
Resources,Cultural Resources,and Noise Analyses) commence the analyses/studies prior to or on November
13,including a completed applicant-prepared traffic
study and project construction data request)
First Project Status/Update Meeting
(meeting to discuss initial findings and conclusions of technical Week of December 5,2017
analyses/studies)
PlaceWorks Preparation of First Screencheck Draft Initial Study December 8,2017—January 12,2018
(proceed with preparation of Initial Study that will support an EIR,
based on findings of technical analyses/studies and direction l weeks;schedule takes into consideration holiday
c
provided at project status/update meeting with City staff)
closures and vacations)
City Review of First Screencheck Draft Initial Study
(including technical appendices)
January 12January 26(2 weeks)
(' g
Second Project Status/Update Meeting
January 26,2018
(meeting to discuss Screencheck Draft Initial Study)
PlaceWorks Revisions and Preparation of Second Screencheck January 29—February 3,2018(1 week)
Draft Initial Study
City Review of Second Screencheck Draft Initial Study February 6—February 10,2018(1 week)
PlaceWorks Revisions and Preparation of Public Draft Initial Study February 13—February 17,2018(5 working days)
CEQA Public Review Period of Public Draft Initial Study/NOP February 20—March 21,2018(30 calendar days)
Public Scoping Meeting February 20,2018
Third Project Status/Update Meeting
(meeting to discuss comment letters received on public draft April 2,2018
Initial Study)
PlaceWorks to Prepare First Screencheck Draft EIR January 29—April 6,2018(10 weeks; begins concurrent
with 2nd draft Initial Study includes NOP comments)
City Review of First Screencheck Draft EIR April 9—May 4,2018(4 weeks)
PlaceWorks Revisions and Preparation of Second Screencheck May 7—May 25,2018(3 weeks)
Draft EIR
City Review of Second Screencheck Draft EIR May 28 June 8,2018(2 weeks)
PlaceWorks Revisions and Preparation of Public Draft EIR and City June 11 June 15,2018(1 week)
Approval
CEQA Public Review Period of Draft EIR June 19—August 2,2018(45 calendar days)
PlaceWorks Preparation of Response to Comments,Findings of August 3—August 31,2018(4 weeks;schedule includes
Fact,and Mitigation Monitoring and Reporting Program PlaceWorks preparation and City review time)
Planning Commission Meetings
First Meeting:August 28, 2018
(up to 2; per the City's website,Planning Commission meetings Second Meeting:September 11,2018
are held on the 2nd and 4th Tuesday of each month)
City Council Meetings First Meeting: October 2, 2018
(up to 2;per the City's website,City Council meetings are held on Second Meeting:October 16,2018
the 1 st and 3rd Tuesday of each month)
22 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
EXHIBIT B
The proposed project budget assumes that there will be a high level of public scrutiny and will require detailed
environmental review and reports,several meetings, and a high to moderate level of public comment. Please refer
to the"General Methodology and Approach"in the transmittal letter for an understanding of our approach.
PlaceWorks will complete the Initial Study/Mitigated Negative Declaration and technical services outlined in this
proposal for a fee of not to exceed$118,911 (see Table 3). In the event that a Focused or Full scope EIR is required,
the total not to exceed fee is $168,239(Table 4). Costs are based on PlaceWorks' 2017 Standard Fee Schedule(see
Table 4). A breakdown of the cost by position, hourly rate, task, hours budgeted for each task, and reimbursable
costs for both an MND and EIR is provided in Table 5.
Table 3. MND Cost Estimate
Task T Cost
PROJECT MANAGEMENT,MEETINGS,AND PUBLIC HEARINGS
Task 1,Project Management and Administration_ $7,560
Task 2 Data Collection and Kick-off Meeting 1,760
Task 3:Meetings and Public Hearings 7,650
TECHNICAL STUDIES
Task 4:Technical Analyses/Studies
4.1:Visual-Aesthetic Simulation_Analysis 11,655
4.2:Air Quality/GHG Emissions 9,390
4.3:Noise 7,840
4.4:Historic Resources Analysis Report 1,720
Urbana' 24,925
4.5:Cultural Resources _ 430
Cogstone' 10,310
CEQA DOCUMENTATON
Task 5:Screencheck Draft Initial Study 16,390
Task 6A:Public Draft IS/MND/NOI 1,800
CERTIFICATION DOCUMENTS
Task 7:Response to Comments 8,920
Task 8:Mitigation Monitoring and Reporting Program 540
Task 10:Notice of Determination 360
Subtotal-Labor $111,250
REIMBURSEABLES
IS/MND 5 hard copies and 50 CDs�@$10 825
FedEx and Certified Mailings _ _ 950_
Response to Comments 5 hard copies and 25 CDs @$10 _ _425
EDR _ __ 350
Instrumentation 750
CDFW and County Filing Fees 2,340
Mileage,miscellaneous 500
Office Expenses(2%of Labor) _ 1,520
Subtotal $7,660
GRAND TOTAL $118,9.10_
1.Includes a 10 percent mark-up.
2.2%of PlaceWorks Labor for Office Expenses($81,460"002).
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 23
Table 4.Focused EIR or Full Scope EIR Cost Estimate
Task Cost
PROJECT MANAGEMENT,MEETINGS,AND PUBLIC HEARINGS
Task 1:Project Management and Administration $7,560
Task 2:Data Collection and Kick-off Meeting 1,760
Task 3:Meetings and Public Hearings 7,650
TECHNICAL STUDIES
Task 4:Technical Analyses/Studies _
4.1:Visual-Aesthetic Simulation Analysis 11,655
4.2:Air Quality/GHG Emissions 9,390
4.3:Noise 7,$40
4.4:Historic Resources Analysis Report 1,720
Urbana' 24,925
4.5:Cultural Resources 430
Cogstone' 10,310
CEQA DOCUMENTATON
Task 5:Screencheck Draft Initial Stuil 16.390
Task 6B:Notice of Preparation and Scoping Meeting 2,680
Task 60 Screencheck Draft EIR 37,920
Task 61):Public Draft EIR 4,520
CERTIFICATION DOCUMENTS
Task 7:Response to Comments 8,920
Task 8:Mitigation Monitoring and!!porfin2 Pro ram 540
Task 9:Findings of Fact and Statement of Overriding Considerations 4,120
Task 10:Notice of Determination 360
Subtotal-Labor $156,930
REIMBURSEABLES
IS/NOP 5 hard copies and 50 CDs @$10 825
Public Draft EIR 5 hard copies and 50 CDs @$10 1,250
FedEx and Certified Mailings 1,575
Response to Comments 5 hard copies and 25 CDs @$10 425
EDR 350
Instrumentation 750
CDFW and County Filing Fees 3,200
Mileage,miscellaneous 500
Office Expenses(2%of tabor) _ 2,434
Subtotal $11,309
GRAND TOTAL $168,239
1.Includes a 10 percent mark-up.
2,2V.of PlaceWorks Labor for Office Expenses($81,460'002).
24 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE
Table S. PlaceWorks—2017 Standard Fee Schedule
Staff Level Hourly Bill Rate
Principal $210-$325
Associate Principal $190-$225
Senior Associate/Senior Scientist $160-$200
Associate/Scientist $120-$170
Project Planner/Project Scientist $95-$125
Planner/Assistant Scientist $85-$100
Graphics Specialist $65-$135
Clerical/Word Processing $45-$160
Intern $65-$85
Subconsultants are billed at cost plus 10%.
Mileage reimbursement rate is the standard IRS-approved rate.
PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 25
City of San Juan Capistrano
Environmental and Technical Services for the Proposed River Street Marketplace
TABLE 4. DETAILED COST PROPOSAL
Management Staff Graphic/Admin Support TOTALS
MORSE TEAGUE ESTRADA VERMILION MANTEY POTTER/MILROY VANG KNOWLES SULLIVAN RICKENBACH FROELICH NAKAMA MUNOZ/Clerica
$215 $215 $150 $195 $180 $115 $135 $115 $105 $90 $110 $90 $85
Charge/ CEQA&Outreach Assistant Project Air Quality/GHG Noise Noise Air Quality&Nois CEQA Specialist(Word
Task DescriL3tion Project Manager Advisor Manager Lead Lead Lead Air Quality/GHG Graphic Designer Specialist Planner Technical Editor ReportGraphics Proc) TOTAL HOURS TOTAL COST
!PROJECT • PUBLIC HEARINGS
PROJECT1 ADMINISTRATION
General PM(approximately 8 months) 16 8 16 40 $7,560
Subtotal 16 1 8 1 16 1 0 0 0 0 1 0 1 0 0 0 0 1 0 1 40 1 $7,560
DATA • • ANDKICK-OFF
Project Orientation/Kick-off Meeting 4 6 10 $1,760
Subtotal 4 1 0 6 0 0 1 0 1 0 0 0 0 1 0 0 0 10 1 $1,760
:TASK 3.MEETINGS • PUBLIC HEARINGS
Planning Commission 8 4 12 $2,580
City Council 8 4 12 $2,580
Project Status/Update Meetings 6 8 14 $2,490
Subtota 22 8 8 0 0 0 0 0 0 0 0 0 0 38 $7,650
STUDIES
:TASK 4.TECHNICAL ANALYSES/STU DIES
4.1 Visual-Aesthetic Simulation Analysis(PlaceWorks) 8 12 65 12 97 $11,655
4.2 Air Quality and GHG Emissions Analyses(PlaceWorks) 12 4 62 78 $9,390
4.3 Noise and Vibration Analyses(PlaceWorks) 2 12 50 64 $7,840
4.4 Historic Resources Analysis Report(HRAR;see"Subconsultants"below) 8 8 $1,720
4.5 Cultural Resources Report(see"Subconsultants"below) 2 2 $430
Subtotal 20 1 0 1 0 1 12 1 12 1 12 1 4 1 65 1 112 1 0 1 0 1 12 1 0 1 249 1 $31,035
!CEQA DOCUMENTATION
!TASK 5.SCREENCHECK DRAFT INITIAL STUDY
First Screencheck Draft Initial Study 12 6 12 4 60 12 10 8 124 $11,850
Second Screencheck Draft Initial Study 8 24 6 2 4 44 $4,540
Subtotal 12 1 6 1 20 177.747 0 0 0 4 0 84 18 12 12 168 $16,390
PREPARATIONOF • OR
6A Public Draft Initial Study and NOI to Adopt an MND 2 12 14 $1,800
66 NOP and Scoping Meeting(OPTIONAL EIR TASK) 4 6 16 4 30 $2,680
6C Screencheck Draft EIR(OPTIONAL EIR TASK) 22 16 68 0 0 24 0 0 24 104 40 28 32 358 $37,920
6D Public Draft EIR(OPTIONAL EIR TASK) 8 8 8 4 2 12 42 $4,520
Subtota 36 24 94 0 0 24 0 0 24 124 42 28 48 444 $46,920
!CERTIFICATIONDOCUMENTS
• • COMMENTS
Response to Comments 24 4 12 4 32 76 $6,320
Public Draft RTC and Distribution 4 8 8 8 28 $2,600
Subtotal 28 1 4 20 4 1 0 0 1 0 0 0 40 0 0 8 104 $8,920
MITIGATION • • 1 REPORTING PROGRAM
Mitigation Monitoring and Reporting Program 2 6 8 $540
Subtotal 2 1 0 1 o 0 0 0 1 0 0 0 6 1 0 0 0 8 1 $540
:(OPTIONAL EIR TASK)-TASK 9.FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Findings of Fact/Statement of Overriding Considerations 1 12 1 1 32 4 48 $4,120
Subtotal 12 0 1 0 0 0 32 0 0 0 0 4 0 0 48 $4,120
TASK 1 NOTICE OF DETERMINATION
Notice of Determination 2 4 6 $360
Subtota 2 0 0 0 0 0 0 0 0 4 0 0 0 6 $360
MND Total PlaceWorks Labor Hours and Expenses 108 26 82 16 12 12 4 69 112 134 18 24 20 637 76,015
EIR Total PlaceWorks Labor Hours and Expenses 148 50 146 16 12 68 4 69 136 258 64 52 68 1,091 121,695
:SUBCONSULTANTS
4.4 HRAR(Urbana) ` \, $22,659
4.5 Cultural Resource Report(Cogstone) $9,373
TOTAL SUBCONSULTANTJ $ 35,235
City of San Juan Capistrano
Environmental and Technical Services for the Proposed River Street Marketplace
TABLE 4. DETAILED COST PROPOSAL
Management Staff Graphic/Admin Support TOTALS
MORSE TEAGUE ESTRADA VERMILION MANTEY POTTER/MILROY VANG KNOWLES SULLIVAN RICKENBACH FROELICH NAKAMA MUNOZ/Clerica
$215 $215 $150 $195 $180 $115 $135 $115 $105 $90 $110 $90 $85
Charge/ CEQA&Outreach Assistant Project Air Quality/GHG Noise Noise Air Quality&Nois CEQA Specialist(Word
Task Description Project Manager Advisor Manager Lead Lead Lead Air Quality/GHG Graphic Designer Specialist Planner Technical Editor Report Graphics Proc) TOTALHOURS TOTAL COST
OvernightREIMBURSABLE EXPENSES Hard Copy @ Hard Copy @ Hard Copy @
$150 $65 $35 Mail @$25 Mailings
$150 $65 $35 $25 $10 $12
MND Screencheck and Public Draft Initial Study/MND 5 1 50 50 $1,450
MND Office Expense—2%of Labor $1,520
MND County(NOD)and California Department of Fish&Wildlife Filing Fees $2,340
Both Screencheck and Public Draft Response to Comments 5 1 25 25 $750
Both EDR $350
Both Instrumentation Fees $750
Both Mileage,miscellaneous $500
EIR Screencheck and Public Draft Initial Study/NOP 5 1 50 50 $1,450
EIR Screencheck and Public Draft EIR 5 1 50 50 $1,875
EIR Office Expense—2%of Labor $2,434
EIR County(NOD)and California Department of Fish&Wildlife Filing Fees $3,200
TOTAL MND REIMBURSABLE EXPENSE $7,660
TOTAL EIR REIMBURSABLE EXPENSES1 $11,309
GRAND TOTAL IVIND $ 118,911
TOTALGRAND
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PLACEWORKS.COM
Place Worl<s
Orange County Corporate Headquarters
3 MacArthur Place,Suite 1100 1 Santa Ana CA 92707 1 714.966.9220
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of 2017 by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and LG2WB Engineers, Inc., a California
Corporation, dba Linscott, Law & Greenspan, Engineers, with its principal place of business at 2
Executive Circle, Suite 250, Irvine, CA 92614 (hereinafter referred to as "Consultant"). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this
Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Preparation of a Traffic Impact Analysis (TIA) for the River Street, San Juan Capistrano project,
which will likely include the following entitlements: Code Amendment (CA) 16-003, Architectural
Control (AC) 16-029, Grading Plan Modification (GPM) 16-014, Flood Plain Land Use Permit
(FP) 16-003, Tree Removal Permit (TRP) 16-047, Site Plan Review (SPR) 16-007, and Sign
Program (SP) 16-037 (hereinafter referred to as "the Project").
B, Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
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 $67,045. 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.
1
ATTACHMENT 2
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder by December 31, 2018.
The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
2
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
3
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
4
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
5
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
6
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend, with
counsel of City's choosing and at Consultant's own cost, indemnify and hold the City, its
officials, officers, employees, agents and volunteers free and harmless from any and all claims,
demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments,
awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or
persons, including wrongful death, (collectively, "Claims') in any manner arising out of,
pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys'
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, its officials, officers, employees, agents or volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
7
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of
any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16 Termination or Abandonment
8
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Zawwar Saiyed as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano Linscott, Law & Greenspan, Engineers
32400 Paseo Adelanto 2 Executive Circle, Suite 250
San Juan Capistrano, CA 92675 Irvine, CA 92614
Attn: David Contreras, Senior Planner Attn: Richard E. Barretto, Managing Principal
and shall be effective upon receipt thereof.
21. Third Party Rights
9
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
29. Prohibited Interests
10
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
11
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND LG2WB ENGINEERS, INC. A CALIFORNIA CORPORATION,
DBA LINSCOTT, LAW & GREENSPAN, ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO LG2WB Engineers, Inc., a California Corporation,
dba Linscott Law & Greenspan, Engineers
By: By:
Ben Siegel
City Manager Its: Principal
Printed Name:Richard E. Barretto, P.E.
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
12
EXHIBIT A LINSCOTI
LAW a
GREENSPAN
August 24,2017 Engineers&Planners
Traffic
Transportation
Parking
Mr. David Contreras
Development Services Department Linscolt,Law&
City of San Juan Capistrano Greenspan,Engineers
32400 Paseo Adelanto 2 Executive Circle
San Juan Capistrano, CA 92675 Suits 250
Irvine,CA 92614
LLG Reference: P2.17.0208.1 949.625.6175 r
949.825.6173 F
www,llgengineers,com
Subject: Proposal to Provide Professional Traffic Engineering
Services Associated with the River Street Development Pasadena
San Juan Capistrano, California Irvine
San Diego
Dear Mr. Contreras: Las Vegas
Thank you for considering Linscott, Law & Greenspan, Engineers (LLG) on the above
referenced project. As requested, LLG is pleased to submit this proposal to provide
professional traffic engineering services associated with the preparation of a Traffic
Impact Analysis Report for the proposed River Street Development project (hereinafter
referred as "Project") in the City of San Juan Capistrano. The scope of work is based on
our review of the Scope of Work summarized in the Project's RFP (AC 16-003)
prepared by the City, our familiarity with the City's requirements and coordination
efforts with City staff. For this proposal, we have included the cost associated with
traffic data collection at all key study intersections and roadway segments, as well as
forecasting General Plan Buildout conditions using the current version of the South
County Sub-Area Traffic Model (SCSAM), as prepared by the City's traffic modeling
consultant,Urban Crossroads, Inc.
The proposed Project includes development of a 5.6-acre site into approximately
61,665 square-feet (SF) of retail/commercial, restaurant and office space, along with
associated improvements. The proposed design includes 289 on-site parking spaces
and site access is proposed via Los Rios Street, Paseo Adelanto and River Street. In Philip .Greenspan,scott EIRO I
addition, the Project proposed to improve Paseo Adelanto, along project frontage and JackrnA.Lanspan,PElaerl
Wigiam A.Law,PE IRarl
construct up to 24 diagonal on-street parking space in place of on-street parallel Paul W.Wilkinson,PE
parking. The site is located north of Del Obispo Street, south of River Street and west John P Keating,PE
of Los Rios Street, in the City of San Juan Capistrano, California. David S.Shender,PE
John A,Boarman,PE
Clare M.took-Jaeger,PE
Richard E.Barratto,PE
Keil 0.Maberry,PE
An LGZWB Company Founded 1966
Mr. David Contreras LINSCOTT
August 24,2017
Page 2 GREENSPAN
This Traffic Impact Analysis Report for the proposed Project will be prepared pursuant
to the City of San Juan Capistrano Administrative Policy 310, Preparation and Use of
Traffic Reports and will be consistent with the current Orange County Congestion
Management Program (CMP) Traffic Impact Analysis Report(TM) Guidelines.
For the purposes of this proposal, the traffic study will focus on the Project's traffic
impacts at up to eleven (11) intersections, ten (10) roadway segments and Synchro
Operational Analysis for one (1) roadway segment consisting of three (3) intersections
for the study area that has been identified in the City's Scope of Work. For this proposal,
General Plan Buildout projections is assumed to be forecast through the current version
of the South County Sub-Area Traffic Model (SCSAM) via City's traffic modeling
consultant,Urban Crossroads,Inc.
Please note that a Statement of Qualifications (SOQ) to Provide As-Needed Traffic
Engineering, Transportation Planning, and Related Technical and Professional
Services for the City of San Juan Capistrano, dated November 16, 2016, is on file
with the City of San Juan Capistrano. Nevertheless, per the RFP requirements, Below
is a brief summary from the SOQ.
Linscott, Law & Greenspan, Engineers (LLG), provides transportation planning,
traffic engineering and parking consulting services. Since our founding in 1966, over
10,000 engagements have been completed involving a wide variety of projects
throughout the United States and Overseas, with the core of our practice in Southern
California and Nevada. LLG's specialties include:
■ Traffic Studies for Environmental Documents
■ Traffic Impact Studies
■ Site Access and Circulation
■ Multimodal Analysis
■ Traffic Planning,Operations, and Simulation Studies
■ Circulation Elements for General Plans and Specific Plans
• Bikeway Alignment Plans
■ Shared Parking Demand Forecasting
■ Parking Design and Planning
■ Complete Streets Consultation
■ Preliminary/Conceptual Engineering
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Mr. David Contreras LINSCOTI
August 24,2017
Page 3 GREFNSPAN
■ Traffic Signal Design
■ Traffic Signing and Striping Design
■ Construction Zone Traffic Control Plans
LLG Principals and Senior Staff are recognized experts in these practice areas and
possess professional registration in Traffic Engineering, Civil Engineering, or both. Our
diverse experience and expertise enable us to provide services to both public agencies
and the private sector. Project organization is structured so that Principals and Senior
Staff maintain direct involvement from Project initiation to completion, ensuring a
quality product that is clear,and easily understood.
Richard E. Barretto, P.E., will serve as the Managing Principal for this contract. By
providing day-to-day oversight of the team, he will provide product quality control,
ensure compliance with City policies/procedures, coordinate projects and development
reviews with City staff, attend public hearings/community meetings, present reports to
the various commissions and/or City Council when requested.
Zawwar Saiyed, P.E., Senior Transportation Engineer, who has over 15 years of
experience,will serve as the Project Manager for this Project and his resume is contained
at the end of this proposal.
Justin Tucker, Transportation Engineer I, and Angela Besa, Transportation
Engineering I, who have both been with LLG for 2 years, will provide support related to
the detailed technical analyses. They are experienced in utilizing Highway Capacity
Software,TRAFFIX, and Synchro.
Zawwar Saiyed, with support provided by Justin Tucker and Angela Besa, have
successfully completed transportation planning, operations, and traffic engineering
projects in the City of San Juan Capistrano over the past decade and the most recent ones
are listed below:
■ 24-Hour Fitness, San Juan Capistrano
■ Kimpton Hotel Capistrano, San Juan Capistrano
■ Mission Inn Hotel, San Juan Capistrano
■ San Juan Hotel&Villas, San Juan Capistrano
■ Plaza Banderas, San Juan Capistrano
PAN I TP2170208-River Street Development,San.Rian CtpislranoT2170208-Rivei Street Development_San JUan Capistrano
T1A Proposal 08-24-17 doe
Mr. David Contreras
August 24, 2017
Page 4 GRUNSPAN
Given the above, and our overall sense and understanding of the issues,we propose to do
the following:
SCOPE OF WORK
Task 1: Project Mobilization
1.1 Meet with the Project team to discuss the proposed Project and confirm land use
development tabulation to be evaluated in the traffic study. Discuss assumptions
to be used to include completion year and obtain a site plan (preferably in
electronic format) displaying the proposed use and associated parking.
1.2 Coordinate with the City of San Juan Capistrano Traffic Engineering staff to
discuss the Project, identify pertinent traffic issues and concerns to be addressed,
formalize work program for the traffic impact study, and finalize the traffic
impact scenarios and list of study intersections to be analyzed. In addition, the
Project's trip generation forecast and distribution patterns will be reviewed
and confirmed. The Scope of Work Memorandum will include, but not limited
to,the following:
■ Project Description and Location
■ Traffic Study Locations (i.e. intersections and/or roadway segments)
■ Source of Existing Traffic Counts
■ Project Traffic Generation Rates and Forecast
■ Project Traffic Distribution Pattern/Assignment
■ Near-Term and Long-Term Traffic Forecasting Methodology,
N Analysis Scenarios and Level of Service Methodology
■ LOS Standards and Significance Impact Criteria
Task 2: Data Collection and Research
2.1 Compile information with regards to planned street improvements within the
Project study area, if any that may be conditions of approval of approved projects
in the City.
2.2 Work with the City of San Juan Capistrano Planning Department, and adjacent
jurisdictions and obtain a list of related projects that will need to be considered in
the traffic study that may contribute to the cumulative impacts on the street
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LINSCOTT
Mr. David Contreras ,
August 24, 2017 LAW
Page 5 GREFNSPAN J
system in the vicinity of the Project. Obtain copies of approved traffic studies for
related projects.
2.3 Visit the Project study area to confirm existing conditions with respect to existing
site development, local area development, site access, parking use, and areas of
congestion in order to verify our overall understanding of traffic conditions in the
area that might affect this Project.
2.4 In conjunction with Task 2.3, document the existing roadway striping, traffic
control measures, curbside parking restrictions, adjacent intersection
configurations, and other pertinent roadway features.
2.5 Research and review the current City of San Juan Capistrano off-street
parking requirements outlined in the Municipal Code.
Task 3: Traffic Count Program&Traffic Modeling.Support
3.1 Based on review of the City's Scope of Work, the following eleven (11)
locations were identified as potential study intersections:
1. Ortega Highway /1-5 NB Ramps
2. Ortega Highway /1-5 SB Ramps
3. Del Obispo Street/Ortega Highway
4. Del Obispo Street/ Camino Capistrano
5. Del Obispo Street/Paseo Adelanto
6. Del Obispo Street/Alipaz Street
7. Del Obispo Street/Del Avion
8. Ortega Highway/ Camino Capistrano
9. ** Valle Road/I-5 Ramps/La Novia Avenue
10. ** Valle Road/ San Juan Creek Road
11. ** San Juan Creek Road/Camino Capistrano
Per the requirements of the City, LLG will conduct three (3) days of AM and
PM peak period manual traffic counts at all key intersections between the
hours of 7:00 AM - 9:00 AM and 4:00 PM - 6:00 PM in support of detailed
intersection capacity analyses.
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Mr. David Contreras LINSCOTT
August 24,2017
Page 6 GRFFNSPAN
** These intersections will require an initial screening analysis in order to
determine if they should be included in the overall intersection study.
3.2 The following ten (10) locations were identified as study roadways segments
in the City's Scope of Work:
1. Ortega Highway between I-5 SB ramps and I-5 NB ramps
2. Ortega Highway between Camino Capistrano and Del Obispo Street
3. Camino Capistrano between Ortega Highway and Del Obispo Street
4. Camino Capistrano between Del Obispo St and San Juan Creek Road
5. ***San Juan Creek Road between Camino Capistrano and Valle Road
6. ***Valle Road between San Juan Creek Road and Roundabout
7. Del Obispo Street between I-5 SB ramps and Ortega Highway
8. Del Obispo Street between Ortega Highway and Camino Capistrano
9. Del Obispo Street between Camino Capistrano and Alipaz Street
10. Del Obispo Street between Alipaz Street and Del Avion
Per the requirements of the City, LLG will conduct three (3) days of
supplemental 24-hour traffic counts on a Tuesday, Wednesday and Thursday
at all key roadway segments identified above in support of detailed roadway
segments capacity analyses.
** These roadway links will require an initial screening analysis in order to
determine if they should be included in the overall roadway study.
3.3 Have the City's traffic modeling consultant, Urban Crossroads, Inc. prepare
peak hour and daily traffic volume projections using the current version of the
South County Sub-Area Traffic Model (SCSAM) for "existing plus project
plus buildout" for up to eleven (11) intersections and ten (10) roadway
segments.
If necessary, coordinate with the City's traffic modeling consultant, Urban
Crossroads, Inc. to develop applicable growth rates for the study intersections
not included in the City's current version of the South County Sub-Area
Traffic Model (SCSAM).
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August 24,2017
Page 7 GREFNSPAN
3.4 If required by the City, have the City's traffic modeling consultant, Urban
Crossroads, Inc. run a select zone analysis based on the proposed land use
using the City's traffic model to assist in refining the trip distribution pattern
of the Project.
Task 4: Trip Generation. Distribution and Assignment Analysis
4.1. Based on the description of the proposed Project, determine and present in
tabular and/or graphic form a traffic generation forecast for the proposed
Project uses on a daily and AM and PM peak hour basis. The forecasts will be
based on the trip generation rates/equations reflected in Trip Generation V4
Edition, published by the Institute of Transportation Engineers (ITE), and/or
those published in San Diego Traffic Generators, current edition, published
by San Diego Associated Governments (SANDAG), and/or those reflected in
the City's traffic model. Appropriate trip generation credits will also be
applied for the existing land uses on site, mixed-use development, and transit,
if applicable.
4.2 Distribute and assign anticipated Project traffic to the adjacent street system
based on existing and anticipated traffic patterns to and from the site, input
from City staff, and/or select zone analysis.
It should be noted that the intersection of Los Rios Street at Del Obispo Street
is right-in/right-out only for the purposes of Project trip distribution.
4.3 Meet with City of San Juan Capistrano to review the trip generation potential
of the proposed Project, confirm the rates utilized are applicable, and gain
approval on the distribution pattern for the different components and land uses
of the proposed Project.
4.4 Develop estimated trip generation projections for each of the cumulative
projects within the Project study area in the City of San Juan Capistrano, as
well as adjacent jurisdictions, if any. Distribute and assign cumulative project
traffic.
4.5 Develop "existing plus project" and "existing plus project plus cumulative
(near-term)" traffic volume projections for up to eleven (11) key study
intersections and ten (10) roadway segments based on the existing traffic data
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Mr. David Contreras ,
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Page 8 GREFNSPAN
im
collected in Tasks 3, and the traffic characteristics of the proposed Project and
all cumulative projects.
Task 5: Project Evaluation and Mitigation Measure Analysis
5.1 Prepare AM and PM peak hour Level of Service (LOS) calculations at up to
eleven (11) key intersections for the following traffic conditions. The LOS
calculations for key signalized intersections within the City of San Juan
Capistrano will be calculated using the Intersection Capacity Utilization
(ICU) method and the Highway Capacity Manual (HCM) method based on
the City's minimum "D" level-of-service per the General Plan Growth
Management Element. The Traffic Impact Scenarios are listed below:
1. Existing Traffic Conditions,
2. Existing Plus Project Traffic Conditions,
3. Scenario (2) With Improvements; if necessary,
4. Existing Plus Project Plus Cumulative Traffic Conditions,
5. Scenario (4) With Improvements; if necessary,
6. Existing Plus Project Plus Buildout Traffic Conditions,
7. Scenario (6) With Improvements; if necessary.
Traffic signal cycle lengths and PHF used in any calculations shall be verified
prior to intersection calculations being performed.
It should be noted that HCM 6th Edition methodology is the most current
HCM methodology, but based on direction by City Staff, the older HCM 2010
methodology is to be used.
5.2 Evaluate the peak hour traffic impacts of the Project at the eleven (11) key study
intersections within the City of San Juan Capistrano based on the City's
minimum "D" level-of-service per the General Plan Growth Management
Element. Evaluation of potential Project traffic impacts will be made relative to
existing traffic conditions and cumulative traffic conditions based on the City of
San Juan Capistrano definition for significant impact.
5.3 Based on this assessment, determine which intersections (if any) will require
improvements to mitigate the impacts due to the proposed Project and achieve
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TIA Pioposal 08-24-17.doc
Mr. David Contreras LINSCOU
August 24,2017
Page 9 GRFFNSPAN
satisfactory Service Levels and/or an acceptable level of insignificance (pre-
Project traffic conditions). The recommended mitigation measures may include
intersection improvements and/or signalization improvements, striping
modifications, and the addition of auxiliary turning lanes. At key unsignalized
intersections,conduct a traffic signal warrant analysis,if necessary.
5.4 Evaluate the daily traffic impacts of the Project at up to ten (10) key study
roadway segments based on the City's minimum "C" level-of-service per the
General Plan Growth Management Element. Midblock link capacity analyses
will be prepared for the following Traffic Impact Scenarios:
1. Existing Traffic Conditions,
2. Existing Plus Project Traffic Conditions,
3. Scenario (2) With Improvements; if necessary,
4. Existing Plus Project Plus Cumulative Traffic Conditions,
5. Scenario (4) With Improvements; if necessary,
6. Existing Plus Project Plus Buildout Traffic Conditions,
7. Scenario (6) With Improvements; if necessary.
Evaluate potential daily Project traffic impacts based on the City's minimum "C"
link level-of-service per the General Plan Growth Management Element.
If the increment in daily traffic is significant, then evaluate the study link on an
AM and PM peak hour to determine if Project-related traffic and cumulative
traffic have a significant impact on a roadway segment's peak hour LOS.
Finally,if the increment in peak hour traffic is significant,then evaluate the study
link on an AM and PM peak hour basis using the HCM method to determine if
Project-related traffic and cumulative traffic have a significant impact on a
roadway segment's peak hour LOS.
Task 6: Queuing Analysis
6.1 Queuing analysis will be conducted at the following three (3) intersections using
either Vistro or Synchro software to determine the turn pocket storage lengths
necessary to accommodate near-term 95th percentile queues. The analysis will be
conducted for AM and PM weekday peak hours:
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'I lA Proposal 08-24-17 doc
Mr. David Contreras 1
LAW ,
August 24, 2017 GREENSPAN
Page 10
1. Del Obispo Street/ Camino Capistrano
2. Del Obispo Street/Paseo Adelanto
3. Del Obispo Street/Alipaz Street
Task 7: Fair-Share Analysis
7.1 Per City Council Policy 111, calculate the Project's fair-share analysis
percentages to determine the Project's responsibility for constructing and/or
financing all necessary mitigation measures/improvements.
Task 8: Site Access and Internal Circulation Evaluation
8.1 Evaluate and comment on the proposed access and internal circulation scheme
of the proposed Project, with a focus to on-site circulation layout and design,
vehicle stacking at site driveway(s), ingress and egress safety opportunities
and constraints, and pedestrian circulation. Provide circulation
recommendations where necessary.
Task 9: Parking Analysis
9.1 Develop a parking demand forecast for the proposed Project based strictly on
City off-street parking codes. Adjust calculations, it applicable to account for
internal capture.
9.2 Evaluate adequacy of parking supply. Compare parking supply to the parking
requirements per City code.
9.3 Calculate the daily parking demands throughout the day for the proposed Project
at full occupancy based on the City off-street parking codes and the Urban Land
Institute (ULI) Shared Parking methodology to detennine parking
surplus/deficiency. This methodology recognizes the fact the different uses peak
at different times of a day and/or day of week. The forecast will evaluate the
parking requirements for the project for a typical weekday, during the day,
evening, and night periods.
Task 10: Neighborhood Parking Intrusion Analysis
10.1 Given the location of the proposed Project to existing residential and
commercial uses, the Project's proposed circulation patterns and existing
street conditions will be evaluated and design recommendations/mitigation
will be provided in order to avoid parking intrusion and cut-through traffic
and, if necessary, "calm traffic flow" into and out of the adjacent Los Rios
Neighborhood.
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TLA Pioposal 08-24-17 doe
L IN
T T
Mr. David Contreras 1
August 24, 2017 GREENSPAN
Page 11
Task 11: Preparation of Screencheck and Draft Traffic Report
11.1 Prepare a Screencheck Draft Traffic Report that details all of the above-
mentioned items, our analysis, findings and conclusions. The screencheck report
will be suitably documented with tabular, graphic and appendix materials.
Submit three (3)hardcopies and a CD-R in MS Word format of the Screencheck
Draft TIA to the City of San Juan Capistrano within five (5) weeks of notice to
proceed.
11.2 If necessary, update screencheck report based on City staff comments, and
submit three (3) hardcopies and a CD-R in MS Word format of the Draft TIA to
the City of San Juan Capistrano within one (1) week of receiving City comments
on Screencheck.
11.3 Once approved by the City, submit five (5) hardcopies and a CD-R in MS Word
format of the Final TIA to the City of San Juan Capistrano within one (1) week
of City Engineer approval of Draft TIA. The traffic report will be suitably
documented with all tabular,graphic and appendix materials.
Task 12: Meeting Support
12.1 Prepare for and attend up to two (2) City Staff meetings, to include a kick-off
meeting and one (1) Project status/update coordination meetings with staff. The
average length of each meeting is assumed to be one (1) hour and two (2) hours
of preparation and travel time.
12.2 Prepare for and attend two (2) public meetings/hearings with the City of San
Juan Capistrano Planning Commission. The average length of each public
hearing/meeting is assumed to be three (3) hours and two (2) hours of
preparation and travel time.
12.3 Prepare for and attend two (2) public meetings/hearings with the City of San
Juan Capistrano City Council. The average length of each public hearing/meeting
is assumed to be three(3)hours and two (2)hours of preparation and travel time.
12.4 Prepare for and attend two (2) public meetings/hearings with the City of San
Juan Capistrano Cultural Heritage Commission. The average length of each
public hearing/meeting is assumed to be two (2) hours and two (2) hours of
preparation and travel time.
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TIA Pioposal 08-24-17 doe
Mr. David Contreras LINSCOTT
August 24, 2017
Page 12 GREENSPAN
Task 13: Response to Comments
13.1 This proposal does not include response to public comments. We would be
pleased to provide response to public comments, if requested. An amendment to
our contract would be provided for your approval prior to providing any
additional response to public comments support.
COST ESTIMATE AND METHOD OF PAYMENT
We estimate that our fee for the services outlined above in Tasks 1 through 13 will not
exceed $67,045.00. Our fees will be billed monthly on a time-and-materials basis
according to the attached Fee Schedule.
We estimate our fee for the preparation of the Project Traffic Impact Analysis (TIA)
Report(Tasks 1 through 11, excluding Tasks 3) will not exceed $43,775.00.
For Tasks 3.1 and 3.2, we request an allocation of $9,960.00 to collect 3-Day
weekday peak period turning movement counts between the hours of 7:00 AM to
9:00 AM and 4:00 PM to 7:00 PM, and 3-Day 24-hour ADT counts at eleven (11)
key study intersections and ten(10) key roadway segments, respectively.
For the work associated with SCSAM traffic model runs (Tasks 3.3 and 3.4), we
request a budget of$6,000.00.
For meeting support outlined in Task 12, we request a budget of$7,310.00.
Task 13 does not include response to public comments. We would be pleased to provide
response to public comments, if requested. An amendment to our contract would be
provided for your approval prior to providing any additional response to public
comments support.
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TLA Proposal 08-24-17 doc
LINSC
TT
Mr. David Contreras 1
,
August 24, 2017 LAW
Page 13 GREENSPAN
TIME SCHEDULE
We estimate that the Screencheck Draft Traffic Report can be completed within five to
six weeks after we receive written the notice to proceed and completion of the traffic
count program outlined in Task 3.
This time estimate assumes issues of direct impact (i.e. Project description and
development program) are well enough defined to allow our analysis to proceed
effectively. This schedule assumes that traffic counts can be completed within the first
week of authorization, and Urban Crossroads can complete the modeling support
necessary on this Project by the third week. To the extent possible, our work will be done
in coordination with your time frame.
ADDITIONAL WORK
We will also be pleased to provide any additional support beyond the scope of services
outlined above as you may require. Such additional tasks may include, but are not
limited to the following: conducting additional manual turning movement counts,
evaluating potential Project related traffic impacts at other key intersections, preparation
of conceptual mitigation improvement plans, City staff and/or public hearings. Such
tasks will be considered extra work and will be billed on a time and materials basis using
the attached fee schedule or the fee schedule in effect at the time those services are
requested. For the additional services, a separate contract amendment will be prepared.
LIABILITY
We carry appropriate liability insurance, both general and professional and
workman's compensation insurance. Should this proposal be accepted, the Client
(represented by the signature below) agrees to limit Linscott, Law & Greenspan,
Engineers' liability to the Client and to all Contractors and Subcontractors on the
Project due to Linscott, Law & Greenspan, Engineers' negligent acts, errors, or
omissions, such that the total aggregate liability of Linscott, Law & Greenspan,
Engineers, to all those named shall not exceed $50,000.00 or Linscott, Law &
Greenspan, Engineers' total fee for the services rendered on this Project, whichever is
greater.
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TIA Proposal 08-24-17.doc
Mr. David Contreras
August 24,2017
Page 14 GREFNSPAN
AUTHORIZATION
If this proposal is acceptable, you may indicate approval by signing in the space
provided at the end of this letter and returning the original for our files. Alternatively,
you may issue a purchase order or consultant agreement with this proposal attached
as an exhibit. A copy of this proposal is enclosed for your convenience. This proposal
is valid for 90 days from the date of this letter.
Please note that for the purposes of preparing contract paperwork, Linscott, Law &
Greenspan, Engineers, is a DBA for LG2WB Engineers, Inc., a California
corporation.
TERMINATION
The services covered by this proposal may be terminated by either parry at any time
by written notice. Upon termination, Linscott, Law & Greenspan, Engineers will stop
all activities immediately, notify all subcontractors (if any) to stop work, and prepare
an invoice for any services rendered but not already submitted to the client.
We appreciate the opportunity to submit this proposal and look forward to working
with you and the City of San Juan Capistrano on this Project. If you have any
questions regarding this proposal, please do not hesitate to call me.
Sincerely,
Linscott,Law& Greenspan,Engineers
%Pav�-
Richard E. Barretto,RE Zawwar Saiyed,P.E.
Principal Senior Transportation Engineer
California Registration: TR 2006 California Registration: TR 2525
Attachments
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TIA Pioposal 08-24-17.doc
LINSCOIT
Mr. David Contreras
August 24, 2017 GREFNSPAN
Page l5
ACCEPTED FOR TASKS 1 THROUGH 13 AS OUTLINED ABOVE, FOR A
FEE NOT TO EXCEED $67,045.00
(Authorized Agent) (Title)
(Firm) (Federal I.D. #)
(Address) (Date)
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TIA Proposal 08-24-17.doc
EXHIBIT B
LINSCOTT,LAW&GREENSPAN,ENGINEERS
FEE ESTIMATE-NOVEMBER 1,2008 FEE SCHEDULE
JOB NO. P2.17.0208.1 JOB DESCRIPTION:River Street Ilrrelopment.San Juan Capiatruno _.
24-Aug-17
BILLING 11009BY TASK TOTAL COST PER
TITLE RATE 1 2 3 4 5 6 7 8 9 10 11 12 HOURS TITLE
Principal Engineer $252 2 2 1 4 4 1 1 2 4 6 4 17 48 512,096
Senior TE $178 8 8 4 6 6 8 5 8 10 6 12 17 98 $17,444
TE 1 $114 4 16 30 30 12 4 18 32 146 516,644
EA Il $113 2 16 2 2 12 34 $3,R42
Aide 1 $55 2 2 12 16 $980
HOURS PER TASK 16 42 5 44 44 21 6 10 18 30 72 34 342
TOTr\(.COST $2,610 55,56U S9ti4 $5,832 55,832 $3,044 51,142 $1,928 S3 X44 $4,632 58,808 57,310 550,906
REL(BURSA LE;S
RATE/ COST PER
ITEM COST #OF MILES #OF UNITS ITEM
Auto Reimbursement $0535 336 I 1 S179(00
TOT\L REirstBURSABLES 5179.00
SUBCONSV PANTS
Al OF #OF COST PER MARK.
NAME DESCRIPTION #OF LOCATIONS #OF PERSONNEL DAYS HOURS MISC 1 MISC 2 UNIT UP COST
Subconsulwnt A AM and PM Peak Period Intersection Counts 5 1 3 4 $40 0% $2-40000
AM and PM Peak Period Intersection Counts 6 2 3 4 $40 0% $5,760.00
Avera e Daily Traffic Counts 10 1 3 1 $60 0% 51,800.00
subconsultant D Traffic Modeling 1 S6,000 0°/ $6,00000
TOTAL SU BC°ONSUI;FANT COST S15,960.00
TOTAL BUDGET $67,045.00
Tasks:
1 Project Mobilization 7 Fair-Share Analysis
2 Data Collection and Research 8 Site Access and Internal Circulation Evaluation
3 Traffic Count Program&Traffic Modeling Support 9 Parking Analysis
4 Trip Generation,Distribution and Assignment Analysis 10 Neighborhood Parking Intrusion Analysis
5 Project Evaluation and Mitigation Measure Analysis 11 Preparation of Screencheck and Draft Traffic Report
6 Queuing Analysis 12 Meeting Support
LINSCOTT
FEE SCHEDULE
GREENSPAN
Effective November 1, 2008
Engineers&Planners
TITLE PER HOUR Traffic
Transportation
Principals Parkins
PrincipalEngineer..............................................................................................$ 252.00
Associate Principal Engineer..............................................................................$ 216.00 LinseottLaw&
Planning/Design Manager.............................................................. ........ ..$ 201.00 Greenspan,Engineers
2 Executive Circle
Transportation Engineers Suite 250
Senior Transportation Engineer..........................................................................$ 178.00 Irvine,CA 92614
Transportation Engineer III................................................................................$ 158.00 949.825.61757
Transportation Engineer II ..........$ 133.00 949.825.6173 F
Transportation Engineer I........................................................ uwvw,llgengineers.com
...........................$ 114.00
Transportation Planners Pasadena
Senior Transportation Planner................ Irvine
............................................................$ 158.00
Transportation Planner III ..........$ 133.00 San Diego
........................................................................
Transportation Planner Il........................... $ 114.00 Woodland Hills
Transportation Planner I.....................................................................................$ 102.00
Technical Support
Engineering Associate 11....................................................................................$ 113.00
Engineering Associate I....................... $ 109.00
Engineering Computer Analyst 11.......................................................................$ 108.00
Engineering Computer Analyst I......................... $ 85.00
SeniorCADD Drafter.........................................................................................$ 109.00
CADDDrafter III...............................................................................................$ 102.00
CADDDrafter 11................................................................................................$ 90.00
CADDDrafter I..................................................................................................$ 77.00
Senior Engineering Technician..........................................................................$ 109.00
Engineering Technician Il..................................................................................$ 102.00
Engineering Technician I...................................................................................$ 77.00
Word Processor/Secretary..................................................................................$ 72.00
Engineering Aide I ..........$ 55.00 Philip .Greenspan, E(Re i
Jack M.Greenspan,PE 1Reu
William A.law,PE tRet.1
Public Hearing and litigation support may be charged at 125%of the base rate. Consultation in connection with Paul W.Wilkinson,PE
litigation and Court appearances will be quoted separately.
John P.Keating,PE
Project-related mileage will be billed at the prevailing standard mileage rate as determined by the IRS. David S.Shender,PE
Subcontractors and other project-related expenses will be billed at cost plus 15%. John A.Boarman,PE
PE
,eger
The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. Richard E.Clare M.Look-Jaeger,
Barreto, r,
Interim and/or monthly statements will be presented for completed work. These will be due and payable upon
presentation unless prior arrangements are made. A finance charge of 1.5%may be charged each month on the Keil D.Maherry,PE
unpaid balance.
An LGM13 Company Founded 1866
Zawwar Saiyed,
Biography
Zawwar Saiyed is a licensed Traffic Engineer in the state of California. He earned his
Senior Transportation
Masters of Science in Civil Engineering from the University of Arizona, Tucson and has
over 15 years of experience working on traffic engineering projects throughout the
Engineer Southern California region. Mr. Saiyed has extensive experience in the preparation of
traffic impact studies for a variety of land uses, site access and operational plans,
- parking studies, parking management plans, and experienced in utilizing Highway
6- 15 years Capacity Software,TRAFFIX, Vistro and Synchro.
Nears with LLG Engineers: Areas of Expertise
11 years Traffic Impact Analysis Reports - Trip Generation Studies
Education:
- Transportation Planning and Site Design - Regional and Multimodal
Consultation Transportation Plans
Mrs,in Civil Engineering - Mixed-Use Parking Demand Studies - Transit Planning
University of r - Sight Distance Analyses - Travel Demand Forecasting I Modeling
- Traffic and Parking Field Studies and Simulation
lir
Project Experience
Professional Engineer
CA RegiStraiion TR 2525 Alberhill Villages Specific Plan — Project Engineer for the Traffic Impact
Analysis Report for the Alberhill Villages Specific Plan located in the City of Lake
Professional Mem'' ' Elsinore, California. The Alberhill Villages Specific Plan area is generally located
institute of Transportation ineers along the south side of the 1-15 Freeway and west of Lake Street in the City of
American Society of Civil Engineers Lake Elsinore, California. The proposed Project consists of a mixed-use master
plan with approximately 101 acres of parks, 3,810 apartments, 2,075
condominiums, 2,359 single family residences, two churches with schools for
1,200 students, an elementary school for 850 students, a middle school for
_ .. TT 1,600 students, a university for 6,000 students, 1,671,000 SF of commercial
LAI Y V use, and 836,000 SF of office use. The traffic study evaluated the proposed
Project's potential near-term and General Plan Buildout traffic impacts at up to
GREENSPAN twenty-five key study intersections and up to thirty-one key roadway segments,
provided recommendations to improve site access and internal circulation.
Harvey Mudd College, Claremont McKenna College, Pomona College,
Claremont Graduate University, and the Claremont University Consortium —
Project Engineer for the Traffic Impact Analysis Reports prepared for the
eik
Harvey Mudd College, Claremont McKenna College, Pomona College,
*in Claremont Graduate University, and the Claremont University Consortium
Greenspan,Engineers projects in the City of Claremont, California. Prepared Traffic Impact Analysis
2 Executive Circle
Suite 250 Reports which included utilizing the HCM Methodology for weekday and
Irvine,CA 92614 weekday analyses. LLG worked closely with City staff, as well as the Colleges
t 949.825.6175 and EIR consultants during the preparation of the Traffic Studies.
F 949.825.6173
www.ilgengineers.com
Pasadena
Irvine
San Diego
Woodland Hills
dwa„
IiFt
CITY OF SAN JUAN CAPISTRANO
REQUEST FOR PROPOSALS FOR PREPARATION OF AN
INITIAL STUDY TO DETERMINE IF THE PROPOSED PROJECT QUALIFIES FOR A
MITIGATED NEGATIVE DECLARATION, FOCUSED EIR OR A PROJECT EIR FOR
CODE AMENDMENT (CA) 16-003
ARCHITECTURAL CONTROL (AC) 16-029
GRADING PLAN MODIFICATION (GPM) 16-014
FLOOD PLAIN LAND USE PERMIT (FP) 16-003
TREE REMOVAL PERMIT (TRP) 16-047
SITE PLAN REVIEW (SPR) 16-007
SIGN PROGRAM (SP) 16-037
"RIVER STREET, SAN JUAN CAPISTRANO"
SAN JUAN CAPISTRANO, CALIFORNIA
E-MAIL YOUR PROPOSAL BY 4:30 PM
ON FRIDAY, SEPTEMBER 1 , 2017 TO:
City of San Juan Capistrano
Attn: David Contreras, Senior Planner
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
dcontreras@sanivancapistrano.org
(949) 443-6320
1. INTRODUCTION
The City of San Juan Capistrano is soliciting proposals for the preparation of one
environmental document for a planned commercial and office space project including an
Initial Study (IS) to determine if the proposed project qualifies for a Mitigated Negative
Declaration, Focused EIR or Project EIR. The proposed project is located in San Juan
Issued August 11,2017
ATTACHMENT 3
Request for Proposals (RFP)
"River Street. San Juan Capistrano" 2 City of San Juan Capistrano
Capistrano and is described in more detail in the attached scope of work/project
description and as reflected in the proposed site plan. The proposed project is located
on 5.6 acres and includes approximately 61,000 square feet of commercial and office
space, along with associated improvements. The proposed design includes 289
parking spaces and site access is proposed via Los Rios Street, Paseo Adelanto and
River Street. The site is located north of Del Obispo Street, south of River Street and
west of Los Rios Street.
2. SCOPE OF WORK
The Scope of Work requirements for the proposed project is provided in Attachment 1 .
3. PROPOSAL REQUIREMENTS
Consultant proposals will include a transmittal letter including a statement of
understanding of the scope of the project, the general methodology/approach to be
used, a description of the firm's background and experience. The Proposal shall be
signed by an individual authorized to bind the consultant and shall contain a statement
that the proposal is valid for at least a 90-calendar day period. The proposal will also
include the following:
3.1 A proposed scope-of-work (SOW), consistent with the City's S-O-W
requirements, including a description of the specific work tasks that will be
completed and work products that will be produced.
3.2 A list of similar projects completed by the project manager and key staff to be
used on this project.
3.3 One-page resume of the project manager highlighting that individual's relevant
experience, skills, and education.
3.4 Project Schedule.
3.5 Total project budget and not-to-exceed cost including a tabular breakdown of all
costs by position, hourly rate, task, hours budgeted for each task as well as any
reimbursable costs (i.e. travel, meeting attendance, copying, etc.). The proposed
budget may include optional tasks/budget items which may not be critical to
achieving the base scope of work but could be beneficial in strengthening the
overall analysis in the Initial Study.
4. PROPOSAL SUBMISSION
Interested firms or persons should submit their proposal in pdf format (600 dpi
resolution, color or black & white) by e-mail to dcontreras@sanjuancapistrano.org in the
Development Services Department, City of San Juan Capistrano by the time and date
indicated on the coversheet of this RFP.
Request for Proposals (RFP)
"River Street, San Juan Capistrano" 3 City of San Juan Capistrano
5. SELECTION PROCESS
A selection committee composed of City staff will review the proposals pursuant to City
Council Consultant Selection Policy with particular emphasis on the following factors
consistent with the City's adopted Purchasing Policies and Procedures to select the
most qualified consultant:
5.1 A proposed scope-of-work (SOW) including a description of the specific work
tasks that will be completed and work products that will be produced.
5.2 Completeness of proposal.
5.3 Firm's experience and resources.
5.4 Professional qualifications of key personnel.
After evaluation of the proposal, and subsequent interviews if needed, the City will
select the most qualified consultant with whom to negotiate an agreement to provide the
consulting services through the completion of the Project.
The City reserves the right to reject any or all proposals, to waive any informality or
irregularity in any proposal received, and to be the sole judge of the merits of the
respective proposals received.
6. AGREEMENT / INSURANCE REQUIREMENTS
The consultant selected for the study will be required to execute a standard City of San
Juan Capistrano Personal Services Agreement (Attachment 2). Proposals will include a
statement that the submitting firm/person is amenable to all provisions in the City's
standard agreement. If a proposing firm/person takes exception to any of the terms in
the Personal Services Agreement, the firm/person must notify the City of their specific
issue(s) as soon as possible and determine whether the provision may be modified.
Insurance and indemnification requirements are not negotiable.
7. CITY'S RIGHTS
The City may investigate the qualifications of any proposer under consideration, require
confirmation of information furnished by a proposer, and require additional evidence of
qualifications to perform the services described herein. The CITY reserves the right to:
7.1 Reject any or all of the proposals and issue a subsequent Request for Proposals.
7.2 Cancel the entire Request for Proposal.
7.3 Remedy technical errors in the Request for Proposal process.
7.4 Appoint an evaluation committee to review proposals.
Request for Proposals (RFP)
"River Street. San Juan Capistrano" 4 City of San Juan Capistrano
7.5 Seek the assistance of outside technical experts in proposal evaluation.
7.6 Approve or disapprove the use of particular subcontractors..
7.7 Award a contract to one or more proposers.
7.8 Waive non-substantive errors or irregularities in proposals.
This RFP in no way commits the City to enter into a contract, nor does it obligate the
City to pay for any costs incurred in the preparation and submission of proposals or in
anticipation of a contract.
8. PUBLIC RECORDS ACT
Responses to this RFP become the exclusive property of the City and subject to the
California Public Records Act. Those elements in each proposal which are trade secrets
as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from
disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL",
or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be
liable or responsible for the disclosure of any such records including, without limitation,
those so marked if disclosure is deemed to be required by law or by an order of the
Court. Proposers which indiscriminately identify all or most of their proposal as exempt
from disclosure without justification may be deemed non-responsive.
In the event the City is required to defend an action on a Public Records Act request for
any of the contents of a proposal marked "confidential", "proprietary", or "trade secret",
the proposer agrees, upon submission of its proposal for City's consideration, to defend
and indemnify the City from all costs and expenses, including attorneys' fees, in any
action or liability arising under the Public Records Act.
9. QUESTIONS
Questions regarding this RFP should be sent in writing to David Contreras, Senior
Planner via e-mail to: dcontreras(c)-sanivancapistrano_o_rg. Questions concerning
information already contained in the RFP will be answered in writing and provided to all
firms who have been sent the RFP or have advised the City's project manager that they
are preparing a proposal. Questions requiring clarification or additional information may
be addressed in an addendum to this RFP. All City correspondence involving questions
and answers related to this RFP, will be provided to all other known proposers.
Attachments:
1-Project Description & Scope of Work Requirements
2-Standard City Personal Services Agreement (PSA)
SCOPE OF WORK REQUIREMENTS FOR THE PREPARATION OF AN
INITIAL STUDY (IS) TO DETERMINE IF THE PROJECT QUALIFIES FOR
A MITIGATED NEGATIVE DECLARATION, FOCUSED El OR A PROJECT
EIR.
. CODE AMENDMENT (CA) 16-003, ARCHITECTURAL CONTROL (AC) 16-
029, GRADING PLAN MODIFICATION (GPM) 16-014, FLOODPLAIN LAND
USE PERMIT (FP) 16-003, TREE REMOVAL PERMIT (TRP) 16-047, SITE
_PLAN REVIEW (SPR) 16-007, SIGN PROGRAM (SP) 16-037, "RIVER
STREET, SAN JUAN CAPISTRANO", DAN ALMQUIST - FRONTIER REAL
ESTATE INVESTMENTS
The Initial Study (IS) for the proposed project will provide a comprehensive analysis and
identification of potentially significant, adverse, environmental impacts of the proposed
project consistent with the provisions of the California Environmental Quality Act and the
City's adopted Environmental Review Guidelines. The Initial Study (IS) will also identify
mitigation measures to reduce potentially significant impacts below a level of significance.
1. PROJECT DESCRIPTION
1.1. Project Location: The "River Street, San Juan Capistrano" project site is
located north of Del Obispo Street, south of River Street and west of Los
Rios Street. The site is accessed via Los Rios Street, Paseo Adelanto and
River Street. The site was previously occupied by a commercial nursery that
included a sales office structure and associated sheds.
1.2. Project Description: The project site is comprised of a 5.6 acre parcel and
includes approximately 61,000 square feet of commercial and office space,
along with associated improvements. The proposed design includes 289
parking spaces. The project consists of approximately 61,000 square feet of
commercial and office space that will be located within five (5) buildings that
are designed in "Agrarian" themed architecture. The applicant selected this
style because it is compatible with the distinctive style of the architecture that
exists within the Los Rios District and because it is one of the recommended
styles in the City's Architectural Design Guidelines. The building heights vary
between 25 feet to 35 feet and are situated around a grassy common area
with varied seating options, communal tables for outdoor dining, amenities
such as a bocce ball and a horseshoe court; and a vegetable garden for
farm-to-table inspired dining.
The property has an existing zoning designation of Specific Plan (SP) and is
regulated by the Los Rios Specific Plan (SP) 78-01. The project area is
located within the Specific Plan Low Density Commercial (LGC)district. The
General Plan designation is Specific Plan (SP)/Precise Plan (PP).
ATTACHMENT 1
Scope of Work Requirements
River Street, San Juan Capistrano 2 of 5 City of San Juan Capistrano
The table below provides a breakdown of the proposed land uses.
BUILDING / LAND USE INFORMATION
Building Type Building Area F.A.R. Building Use
A rox. (Approx.)
Red Barn 7,433 SF .17 AC 0.03 Restaurant
Green House 10,880 SF .25 AC 0.04 Retail
Farmstead 4,582 SF (.11 AC) 0.02 Restaurant
Mercantile First Floor 10,705 SF .25AC 0.04 Retail
Mercantile Second Floor 7,94BSF .18AC 0.07 Office
Marketplace 20,117 SF .48 AC 0.08 Retail
TOTAL 61,866SF (1.42 AC) 0.28
The project includes a parking lot with 289 parking spaces and the table
below provides a breakdown of the parking distribution.
PARKING INFORMATION
RATIOS PER SJC MC
Retail: 1/250 SF GFA
Restaurant: 1/40 SF GFA
Office: 3.5/1000 SF GFA
Building Use Stalls Required
Red Barn* 62
Green House 44
Farmstead** 31
Mercantile (First Floor) 43
Mercantile Second Floor 28
Marketplace 81
TOTAL 289
Total Parking Ratio Provided: 4.69/1,000 SF
Additional on Street Parkin Paseo Adelanto : 24 stalls
*Restaurant Use Assumed 113'u as Dining Space
**Assumed Restaurant with 1,240 SF of Dining Space
1.3. Discretionary Actions: Project implementation will necessitate Planning
Commission and City Council approval of the following discretionary actions:
1.3.1. Code Amendment (CA): The amendment to the regulating Los Rios
Specific Plan (SP 78-01) amending various sections of the Specific
Plan; specifically, to the Low Density Commercial (LDC) District,
which currently establishes specific development standards and land
uses.
1.3.2. Architectural Control (AC): The review of the site plan, architectural
design of the structures, lighting, site amenities and landscape.
1.3.3. Grading Plan Modification (GPM): The review of onsite grading and
elevations to create building pads, a parking lot and pedestrian
access.
ATTACHMENT 1
Scope of Work Requirements
River Street, San Juan Capistrano 3 of 5 City of San Juan Capistrano
1.3.4. Flood Plain Land Use Permit (FP): The review and evaluation of any
project impacts to Trabuco Creek.
1.3.5. Tree Removal Permit (TRP): The review of tree removals for
conformance with the City's regulations for tree removal.
1.3.6. Site Plan Review (SPR): The review of any impacts to the Los Rios
Historic District.
1.3.7, Sign Program (SP): The review of business signs and to establish
signage and sign regulations for the development.
2. TECHNICAL STUDIES/REPORTS: The consultant will prepare or contract for the
preparation of certain technical studies/reports which will serve as substantive and
technical foundation of the Initial Study. Technical studies shall use methodologies
consistent with professionally-accepted practice subject to City review and
acceptance, as well as City-established guidelines. While the project will require the
following technical reports, the City expects that the consultant is expected to
propose an appropriate scope of technical work based on their knowledge and
understanding of the proposed project, the requirements of CEQA, and the City's
established significance thresholds:
2.1 Air quality impact and greenhouse gas analysis consistent with South Coast
Air Quality Management District(SCAQMD) and state and federal guidelines
using Cal EE Mod software — CaIEEMod TM (v. 2016.3.1)
2.2 Noise Impact Analysis.
2.3 Cultural Resource Record Search & Site Survey.
2.4 Visual-aesthetic impact analysis using digitized photosimulation technique
including 5 vantage points.
The following technical reports will be made available for use by the selected
consultant:
2.5 Preliminary Water Quality Management Plan (WQMP)
2.6 Preliminary Hydrology Report
2.7 Sewer Analysis Report
2.8 Preliminary Geotechnical Evaluation Report
2.9 Traffic Impact Analysis (TIA)
In addition, the following shall be made available to the selected consultant:
Scope of Work Requirements
River Street San Juan Capistrano 4 of 5 City of San Juan Capistrano
2.10 Native American Consultation Notes &Correspondence under Assembly Bill
52 and Senate Bill 18.
3. CONTENTS OF THE SCREENCHECK DRAFT INITIAL STUDY(IS): The contents
of the screencheck draft Initial Study shall be consistent with all applicable
provisions of the California Environmental Quality Act and include all information
required by the CEQA environmental checklist with detail as follows:
A. Project Description: The project description shall provide, at a minimum,the
following information:
1. The precise location and boundaries of the proposed project shown
on a detailed topographic map, preferable a USGS seven and one-
half minute quadrangle. The general location of the project depicted
on a regionally- scaled or County map.
2. A statement of the project's proposed objectives.
3. A general description of the project's technical, economic, and
environmental characteristics, considering the primary engineering
proposals if any, and supporting public service facilities.
4. A statement of the intended of uses of the initial study(IS) including a
list of the public agencies which are expected to use the initial study
(IS) in their decision-making, and a list of the public agency
discretionary approvals being sought.
5. The name or title of the proposed project and the name and address
of the project proponent(s).
6. A brief description of the existing and proposed land uses, Zoning
Map classifications, and General Plan Land Use designations.
B. Surrounding Land Use & Prosect Setting: This section shall contain a
description of the natural and built environment in the vicinity of the project
site as it exists without implementation of the project and from both a local
and regional perspective. Special emphasis shall be placed on
environmental resources that are rare or unique to the City of San Juan
Capistrano especially with respect to viewsheds, historical sites and/or
structures, hillsides/ridgelines, and mature specimen trees. This section will
include a general discussion of any inconsistencies between the proposed
project and the General Plan or any regional plans (e.g. SCAQMD Regional
Air Quality Management Plan, Orange County Transportation Authority
(OCTA) Master Plan of Streets & Highways, Southern California Association
of Governments (SCAG) Regional Mobility Plan). This section will also
include a brief description and accompanying map of planned projects
(public and private) in the vicinity for the purpose of evaluating potential,
cumulative environmental impacts. Finally, this section will include a
Scope of Work Requirements
River Street, San Juan Capistrano 5 of 5 City of San Juan Capistrano
description of existing surrounding land uses and an area map depicting the
location of surrounding uses in relationship to the project site.
C. Other Required Agency Approvals: This section shall contain a list of
County, State, and Federal agencies with permitting authority over any
aspect of the project, a brief statement as to the basis of permitting authority,
a statement as to the specific project aspect requiring such permitting, and
the type of permit required by that agency (e.g. Caltrans encroachment
permit or plan approval; Orange County Flood Control District encroachment
permit or plan approval; Department of Fish & Game Section 1600/1601
Streambed Alteration Agreement; US Army Corps of Engineers Section 404
permit; etc.).
D. Discussion of Environmental Evaluation: This section will include a
discussion of the potentially significant environmental impacts, mitigation
measures to reduce significant impacts to a level of insignificance, and a
statement as to whether mitigation measures will reduce impacts to a level of
insignificance. The determination of significance will be based on
significance thresholds established by the City's adopted Environmental
Review Guidelines. The evaluation section will contain appropriately detailed
analysis and discussion of those environmental criteria deemed "Potentially
Significant Impact' and "Potentially Significant Impact Unless Mitigated'.
Where the project would result in "No Impact' or "Less Than Significant
Impact' for a particular environmental criteria, the Initial Study will include a
brief discussion which supports such a finding.
Recommended mitigation measures must comply with CEQA requirements
in terms of effectiveness and feasibility. Where alternative mitigation
measures are available to address a specific impact, the study shall include
a recommended measure and discuss the reason(s)for selecting a particular
measure over other alternative measures.
E. Process Documentation: An appendix shall be provided which contains all
official documents related to processing including the "Initial Study", "Notice
of Intent to Adopt a Negative Declaration", "Notice of Determination (NOD)",
Planning Commission meeting minutes and City Council meeting minutes,
etc.
F. References: All pertinent materials, studies, or persons consulted in the
preparation of the study shall be listed within a separate section of the report.
The identity of all Federal, State, and local agencies, or other organizations
and private individuals consulted in the preparation and the identity of all
persons, firms, and City staff preparing the study by contact or other
authorization, shall also be listed. The text shall include footnote references
or other means of reference consistent with professional style manuals.
Scope of Work Requirements
River Street, San Juan Capistrano 6 of 5 City of San Juan Capistrano
4. CONTENTS OF THE REVISED SCREENCHECK DRAFT INITIAL STUDY. The
contents shall include the Screencheck Draft Initial Study with revisions as directed
by the City's project manager. The City's Environmental Administrator will use the
revised screencheck draft Initial Study to determine whether the project qualifies for
issuance of a Mitigated Negative Declaration (MND), Focused EIR or Project EIR.
5. CONTENTS OF THE PUBLIC REVIEW DRAFT INITIAL STUDY. The contents
shall include the City-approved Revised Screencheck Draft Initial Study with any
revisions directed by the City's project manager, and the Notice of Intent to Adopt a
Mitigated Negative Declaration (MND), Focused EIR or Project EIR.
6. CONTENTS OF THE DRAFT INITIAL STUDY(1S): The contents shall consist of the
following:
A. The text of the Public Review Draft Initial Study (IS).
B. Comments & Responses to Comments: All written comments received on
the proposed CEQA document during the public review process, and
appropriate responses to comments consistent with the requirements of
CEQA.
7. MEETINGS: The consultant shall include provision for attending the following
meetings and making presentations at the public meeting/hearings:
7.1 One (1) orientation/kick-off meeting with City staff (1 hour).
7.2 Three (3) project status/update meetings with City staff, if needed (1 hour
each).
7.3 If necessary, four (4) public meetings/hearings (9.0 hours).
8. SCHEDULE: The consultant's proposal will include a proposed schedule which
provides for the most efficient and expeditious preparation of the Initial Study to
determine if the project qualifies for a Mitigated Negative Declaration, Focused EIR
or Project EIR.
9. NOTICES: The consultant shall be responsible for posting all necessary notices
with the County Clerk and State Clearinghouse (SCH) including the "Notice of Intent
to Adopt" and the "Notice of Determination (NOD)."
10. DELIVERABLES: The consultant shall provide the following deliverables in
accordance with the work schedule:
10.1 ACD-R disk (MS Word format) and two (2) hardcopies of the Screencheck
document.
10.2 ACD-R disk(MS Word format and pdf) and three (3) hardcopies of the Final
document.
Scope of Work Requirements
River Street, San Juan Capistrano 7 of 6 City of San Juan Capistrano
Exhibits; A. — Regional Map
B. —Aerial Photograph
C. — Development Site Plan
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[***N1oi)m.- REMOVE THIS TCTLE WREN USED***l
1***F0R PROFESSIONAL SERVICES—DEFINED AS:
SPECIALIZED SERVICES SUCH AS FINANCIAL.,ECONOMIC,ACCOUNTING,LEGAL,ENGINEERING
OR ADMINISTRATIVE SERVICES***l
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of 20 by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and [***INSERT NAME***], a [***INSERT
TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER
LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter
referred to as "Consultant"). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
(hereinafter referred to as "the Project').
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A." [Alternatively, Scope of Services can be included here and
all subsequent exhibits renumbered accordingly.]
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." [Alternatively, Schedule of
Charges may be included here and all subsequent exhibits renumbered accordingly,]
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $ [Insert amount of
1
61147 02100\10974777.1
ATTACHMENT 2
compensation]. 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. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within [Insert number of
calendar days for performance of the services — if more detail is required attach "Activity
Schedule" as Exhibit C, otherwise delete Exhibit C.] The Notice to Proceed shall set forth
the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
2
61147.02100\10974777 1
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
3
6114T02100\10974777 1
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
4
61147.02100\10974777.1
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of" the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
5
61147.02100\1 0974777.1
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
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through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
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61147 02100\109747771
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq, and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
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[Delete the following provision and renumber all further provisions, if not applicable.]
15. City Material Requirements.
Consultant is hereby made aware of the City's requirements regarding materials, as set
forth in [Insert the name of the document that contains the City's standard material
requirements], which are deemed to be a part of this Agreement.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
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61147.02100\10974777.1
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano [***INSERT NAME, ADDRESS & CONTACT
32400 Paseo Adelanto PERSON***]
San Juan Capistrano, CA 92675
Attn: [***INSERT NAME & DEPARTMENT***]
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
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27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO [INSERT NAME OF CONSULTANT]
By: By:
(INSERT NAME]
[INSERT TITLE] Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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EXHIBIT A
Scope of Services
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61147.02100\1 0974777.1
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
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EXHIBIT C
Activity Schedule
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61147 021 00\1 0974777 1
V flf6
CITY OF SAN JUAN CAPISTRANO
REQUEST FOR PROPOSALS FOR PREPARATION OF A
FOCUSED TRAFFIC IMPACT ANALYSIS (TIA) FOR AC 16-003
"RIVER STREET, SAN JUAN CAPISTRANO"
SUBMIT OR E-MAIL YOUR PROPOSAL BY CLOSE OF BUSINESS
ON FRIDAY, SEPTEMBER 1 , 2017 TO:
City of San Juan Capistrano
Attn: David Contreras, Senior Planner
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
dcontreras(aDsanjuancapistrano.orq
(949) 443-6320
1. INTRODUCTION/ PROJECT DESCRIPTION
The City of San Juan Capistrano is soliciting proposals for the preparation of a focused
Traffic Impact Analysis (TIA). The TIA is required as part of the technical review for the
proposed "River Street, San Juan Capistrano" which includes development of a 5.6 acre
site into approximately 61,000 square feet of commercial and office space, along with
associated improvements. The proposed design includes 289 parking spaces and site
access is proposed via Los Rios Street, Paseo Adelanto and River Street. The site is
located north of Del Obispo Street, south of River Street and west of Los Rios Street.
The scope of work requirements and the project plans are provided as a separate
document.
2. SCOPE OF WORK
The scope of work requirements are provided as Attachment 1. The scope of work
identifies technical documents which will be needed to support a thorough discussion of
the environmental issues related to the proposed project.
ATTACHMENT 4
Request for Proposals (RFP) Focused TIA
River Street, San Juan Capistrano 2 City of San Juan Capistrano
3. PROPOSAL REQUIREMENTS
The proposal shall include a transmittal letter including a statement of understanding of
the scope of the project, the general methodology to be used, and a description of the
firm's background and experience. The Proposal shall be signed by an individual
authorized to bind the consultant and shall contain a statement that the proposal is valid
for at least a 90-calendar day period. Furthermore, the Proposal shall include the
following:
3.1 A proposed scope-of-work (SOW) including a description of the specific work
tasks that will be completed and work products that will be produced.
3.2 A list of similar projects completed by the project manager and key staff to be
used on this project.
3.3 One-page resume of the project manager.
3.4 Project Schedule.
3.5 Total project budget and not-to-exceed cost including a tabular breakdown of all
costs by position, hourly rate, task, hours budgeted for each task as well as any
reimbursable costs (i.e. travel, meeting attendance, copying, etc.).
4. PROPOSAL SUBMISSION
Interested firms or persons should submit their proposal in pdf format (600 dpi
resolution, color or black & white) by e-mail to dcontreras(u-),sanjuancapistrano.org in the
Development Services Department, City of San Juan Capistrano by the time and date
indicated on the coversheet of this RFP.
5. SELECTION PROCESS
A selection committee composed of City staff will review the proposals pursuant to City
Council Consultant Selection Policy with particular emphasis on the following factors to
select the most qualified firm/person:
5.1 The appropriateness of the consultant's proposal with respect to the specific
work tasks that will be completed and the work products that will be produced.
5.2 Completeness of the consultant's proposal.
5.3 Consultant's experience and resources available to complete the work.
5.4 Professional qualifications of the consultant's project manager and key
personnel.
Request for Proposals (RFP) Focused TIA
River Street, San Juan Capistrano 3 City of San Juan Capistrano
After evaluation of the proposal, and subsequent interviews if needed, the City will
select the most qualified consultant to negotiate an agreement to provide the consulting
services through the completion of the Project.
The City reserves the right to reject any or all proposals, to waive any informality or
irregularity in any proposal received, and to be the sole judge of the merits of the
respective proposals received.
6. AGREEMENT/ INSURANCE REQUIREMENTS
The consultant selected for the study will be required to execute a standard City of San
Juan Capistrano Professional Services Agreement (Attachment 2). Proposals will
include a statement that the submitting firm/person is amenable to all provisions in the
City's standard agreement. If a proposing firm/person takes exception to any of the
terms in the Professional Services Agreement, the firm/person must notify the City of
their specific issue(s) as soon as possible and determine whether the provision may be
modified. Insurance and indemnification requirements are not negotiable.
7. CITY'S RIGHTS
The City may investigate the qualifications of any proposer under consideration, require
confirmation of information furnished by a proposer, and require additional evidence of
qualifications to perform the services described herein. The CITY reserves the right to:
7.1 Reject any or all of the proposals and issue a subsequent Request for Proposals.
7.2 Cancel the entire Request For Proposal.
7.3 Remedy technical errors in the Request for Proposal process.
7.4 Appoint an evaluation committee to review proposals.
7.5 Seek the assistance of outside technical experts in proposal evaluation.
7.6 Approve or disapprove the use of particular subcontractors.
7.7 Award a contract to one or more proposers.
7.8 Waive non-substantive errors or irregularities in proposals.
This RFP in no way commits the City to enter into a contract, nor does it obligate the
City to pay for any costs incurred in the preparation and submission of proposals or in
anticipation of a contract.
Request for Proposals (RFP) Focused TIA
River Street, San Juan Capistrano 4 City of San Juan Capistrano
8. PUBLIC RECORDS ACT
Responses to this RFP become the exclusive property of the City and subject to the
California Public Records Act. Those elements in each proposal which are trade secrets
as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from
disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL",
or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be
liable or responsible for the disclosure of any such records including, without limitation,
those so marked if disclosure is deemed to be required by law or by an order of the
Court. Proposers which indiscriminately identify all or most of their proposal as exempt
from disclosure without justification may be deemed non-responsive.
In the event the City is required to defend an action on a Public Records Act request for
any of the contents of a proposal marked "confidential", "proprietary", or "trade secret",
the proposer agrees, upon submission of its proposal for City's consideration, to defend
and indemnify the City from all costs and expenses, including attorneys' fees, in any
action or liability arising under the Public Records Act.
9. QUESTIONS
Questions regarding this RFP should be sent in writing to David Contreras, Senior
Planner via e-mail to: dcontrerasC3sanivancapistrano.orq. Questions concerning
information already contained in the RFP will be answered in writing; questions
requiring clarification or additional information may be addressed in an addendum to
this RFP. All return correspondence involving questions and answers, will be
communicated to all other known proposers.
Attachments: 1. Scope of Work
2. Professional Services Agreement
SCOPE OF WORK FOR THE PREPARATION OF A FOCUSED TRAFFIC
IMPACT ANALYSIS (TIA) FOR AC 16-029, "RIVER STREET, SAN JUAN
CAPISTRANO"
I. PROJECT DESCRIPTION:
The proposed project is a commercial and office project that consists of approximately
61,000 square feet of commercial and office space, along with associated improvements.
The proposed design includes 289 parking spaces.
Site access is proposed via Los Rios Street, Paseo Adelanto and River Street.
The proposed project is situated on a 5.6 acre site located north of Del Obispo Street, south
of River Street and west of Los Rios Street
II. SCOPE OF WORK
The proposed project requires preparation of a focused Traffic Impact Analysis (TIA),
prepared consistent with the City's Administrative Policy 310, Preparation and Use of Traffic
Reports (Exhibit A). The TIA will include an analysis of the following:
A. Intersection Level of Service (LOS), using both ICU and HCM methods, at the following
arterial street intersections based on the City's minimum "D" LOS established by the
City's General Plan Growth Management Element:
1. Ortega Hwy & North and South ramps at 1-5
2. Del Obispo and Ortega Hwy
3. Del Obispo and Camino Capistrano
4. Del Obispo and Adelanto
5. Del Obispo and Alipaz
6. Del Obispo and Del Avion
7. Ortega Hwy and Camino Capistrano
8. ** Valle/1-5 Ramps
9. ** Valle and San Juan Creek Road
10. ** San Juan Creek Road and Camino Capistrano
Traffic signal cycle-lengths and PHF used in any Level of Service (LOS) calculations
shall be verified with the City Engineer or their designee prior to intersection calculations
being performed.
** These intersections will require an initial screening analysis in order to determine if
they should be included in the overall intersection study.
B. Roadway Link Level of Service (LOS), using average daily trips (ADT) and peak-hour
Link Capacity Analysis Methodology, on the following arterial street links based on the
City's minimum "C" LOS established by the City's General Plan Growth Management
Element:
1. Ortega Hwy between 1-5 SB ramps and 1-5 NB ramps
2. Ortega Hwy between Camino Capistrano and Del Obispo
3. Camino Capistrano between Ortega and Del Obispo
ATTACHMENT 1
River Street, San Juan Capistrano
Traffic Impact Analysis (TIA)
Study Scope of Work 2 of 3 August 11, 2017
4. Camino Capistrano between Del Obispo and San Juan Creek Road
5. ***San Juan Creek Road between Camino Capistrano and Valle Road
6. ***Valle Road between San Juan Creek Road and Roundabout
7. Del Obispo between 1-5 SB ramps and Ortega Hwy
8. Del Obispo between Ortega and Camino Capistrano
9. Del Obispo between Camino Capistrano and Alipaz
10. Del Obispo between Alipaz and Del Avion
** These roadway links will require an initial screening analysis in order to determine if they
should be included in the overall roadway study
C. The Intersection LOS Analysis and the Link LOS Analysis, for both ICU and HCM, will
include the (1) "existing", (2) "existing plus project", (3) "existing plus project plus
cumulative (near-term)" and the (4) "existing plus project plus build-out" scenarios.
In addition, at locations where project-related impacts are identified, the project's "Fair
Share" shall be calculated, and shall be that percentage of cost based on the ratio of
traffic generated by the project to the total future projected peak hour traffic generation
from potential development within the City at that particular location. Existing traffic and
future through traffic will be subtracted out and not be considered in the calculations.
D. On-site traffic circulation and parking review.
The proposed project will have 289 onsite parking spaces. The consultant shall evaluate
the three (3) proposed driveway locations, the proposed land uses and the proposed
parking allocation for each and determine if the project is adequately accessible and
parked.
E. Right in and right out only at the intersection of Los Rios Street and Paseo Adelanto is
permitted.
F. Neighborhood Parking Intrusion.
The proposed project has is located adjacent to residential and commercial uses. The
consultant shall evaluate the proposed circulation patterns and existing street conditions
and provide design recommendations/mitigation in order to avoid parking intrusion and
cut-through traffic into the adjacent Los Rios Neighborhood.
II. MEETING ATTENDANCE: The consultant may be required, at the direction of the City, to
attend the following meetings to answer questions and/or make presentations to
Commissions and/or the City Council. Meeting attendance will be limited to one individual,
the principal/project manager:
A. Two (2) staff meetings (one hour each).
B. Two (2) Planning Commission public hearing (three hours).
C. Two (2) City Council public hearings (three hours).
D. One (1) Cultural Heritage Commission hearing (two hours).
River Street, San Juan Capistrano
Traffic Impact Analysis (TIA)
Study Scope of Work 3 of 3 August 11, 2017
III. PROJECT SCHEDULE: The selected consultant will be required to meet the following
schedule:
• Submission of the Screencheck Draft TIA: within five (5) weeks of notice to proceed.
• Submit Draft TIA: within one (1) week of receiving City comments on Screencheck.
• Submit Final TIA within one (1) week of City Engineer approval of Draft.
IV. PROJECT COST: The proposal will include a detailed cost estimate and indicate discrete
costs, by task, for all personnel, project management, report preparation, meeting
attendance, and products/deliverables.
V. PRODUCTS (DELIVERABLES): The following products will be prepared by the consultant
as part of this contract:
A. Three (3) hardcopies and a CD-R in MS Word format of the Screencheck Draft TIA.
B. Three (3) hardcopies and a CD-R in MS Word format of the Draft TIA,
C. Five (5) hardcopies and a CD=R in MS Word format of the Final TIA.
VI. TRAFFIC IMPACT ANALYSIS (TIA) REPORT: The contents of the TIA shall conform to the
City's Administrative Policy 310, Preparation and Use of Traffic Reports. Traffic mitigation
measures to address the project's significant, off-site traffic impacts and recommended
improvements to mitigate such impacts will be consistent with City Council Policy 111, Fair
Share Methodology (Exhibit B).
All pertinent materials, studies, or persons consulted in the preparation of the report will be
listed in the appendices. The identity of all Federal, State, and local agencies, or other
organizations and private individuals consulted in the report preparation and the identity of
all persons, firms, and City staff preparing the report by contact or other authorization, shall
also be listed.
Exhibits: A. -Administrative Policy 310, Preparation and Use of Traffic Reports
B. - City Council Policy 111, Fair Share Methodology
C. - Project Conceptual Plans
ADMINISTTIVE YULE
DATE ADOPTED 06/27/89 POLICY NO. 3�1
REVISED 04/07/98
CITY MANAGER 4Y.541 PAGE I OF 1J—
.IECI: PREPARATION OF AND USE OF TRAFFIC STUDIES
PP RPO_5F,: To provide a useful guideline in preparing tragic studies.
In order to effectively evaluate the traffic impacts associated with proposed development
applications, the City establishes the following guidelines for the preparation of traffic reports. The
intent of this policy is to assure that City staff and decision-makers have accurate and necessary
information to understand the potential traffic impacts of proposed development projects.
1, PROJECT' ORIENTATION \14EEITNG. The City Traffic Engineer shall conduct an
orientation meeting with the traffic consultant to discuss the project, scope of work, trip
generation, trip distribution, cumulative traffic, existing road conditions/geotnetrics,
background traffic growth and other matters deemed appropriate.
I1. ONGESTION NAGEMFVLn 'i I��co�15lTENCY. All traffic reports will
use a land use data base for trip generation purposes which is consistent with Congestion
Management Plan (CMF) requirements established by the Orange County Transportation
Authority (OCTA). "Traffic consultants should refer to the most current edition of the
"Orange County Congestion Management Program, Implementation of Land Use/Socio-
Economic Data Consistency Requirement for Modeling in CMP-Required Traffic Impact
Analyses".
III. RF PORT FORMAT. Consultants shall write traffic reports in a clear, concise terminology
understandable by most laypersons. All pages shall be numbered consecutively. The traffic
report shall be organized as follows;
A. Executive Summary.
B. Table of Contents.
C. Project Description.
D. Project Trip Generation, Distribution and Assigi mnt.
E. Existing Conditions,
F. Existing plus Project Conditions.
G. Existing plus Project plus Cumulative Conditions.
H. Traffic Analyses of Study Area Intersections and Links.
I. Intersection Capacity Analyses(ICU).
2. Intersection Capacity Analyses (HCM).
EXHIBIT A
DATE ADOPTED 06127/89 POLICY NO, 310
REVISED 041071M8
CITY MANTAGER PAGE 2 OF 8
SUBJEC,:[: PREPARATION OF AND USE OF TRAFFIC STUDIES
POS I-: To provide a useful guideline in preparing traffic studies.
3. Link Capacity Analyses (ICU).
4. Tragic Signal impacts.
I. Fair-share Analysis,
J. Traffic Accident History.
K. Site Access& On-site Circulation.
L. Principal Findings.
M. Appendices,
IV, 1 -PORT CONITENT3,
A. EXECUTIVE SUMMARY: Summary of findings, conclusions, and proposed
mitigation improvements (not more than two pages).
B. TABLE OF CONTE: The report will include a table of contents, and table of
figures/exhibits,with dot leader and page numbers. Ml pages within the report shall
be numbered consecutively.
C. )NITRO UC'flON/PROMCI' DESCRIPTION
1. Site and study area boundaries, including complete project description,
vicinity map, and site plan.
2. Existing and proposed site uses.
3. Existing and proposed uses in vicinity of site.
4. Existing and proposed roadways and intersections, illustrations to show
existing striping and driveways (on both sides of the street) along project
frontage and minimum of five hundred (500) feet beyond.
D. PROJECT TRIP GENERATION, DISTRMU-EION A_ND ASSIQ11hAEN,i'.
1. TRIP GENERATION: Standard Institute of Transportation Engineers (ITE)
rates shall be used except site specific rates may be utilized with the approval
of the City Traffic Engineer. Orange County Transportation Authority
AMINISMkTI:VE POLICY
DATE ADOPTED 06/27/89 POLICY NO, 310
RENrISED 04/07/99
CITY MANAGER PAGE 3 OF 8
UBfECI: PREPARATION OF AND USE OF TRAFFIC STUDIES
PURPOSE: To provide a useful guideline in preparing traffic studies.
(OCTA) and/or San Diego Association of Governments (SANDAG) trip rates
may be utilized where appr^;1riate when ITE rates are not applicable or
available.
2. TRIP DISTRIBUTION: Regional trip distribution may be based on the
Orange County Traffic Analysis Model (ocTAM) or the City's Traffic
Model data. The actual trip distribution shall be subject to approval by the
City Traffic Engineer prior to completing subsequent phases of the report.
A map illustrating study area trip distribution shall be included in the report.
3. TRIP ASSIGNMENT: All project trips shall be assigned to the circulation
system and carried to the limits of the study area except for internal trips
which shall be specifically identified as to origin/destination. A map
illustrating the project trip assignments shall be included in the report.
E. EXISTING CONDITIO_NS: The report shall include "existing" peak hour (AM and
PM) and 24-hour (ADT) traffic counts (average of three consecutive days) for the
arterial street network in the project study area. Such counts shall be taken when
schools are in session. During periods when schools are not in session, traffic counts
will include an adjustment factor approved by the Traffic Engineer to account for
school-related traffic. Traffic counts during weekends may be required, A diagram
shall be included in the report to graphically illustrate traffic counts in the project
study area.
F =X1TIN{,_I'L>;i 1? 3,1 F. T( ( N1 1I()�J.S The report shall include projected
"existing plus project" peak hour(AM and PM) and 24-hour (ADT) traffic volumes
for the project study area. A diagram shall be included in the report to graphically
illustrate traffic volumes in the project stu.!y area.
AD . TIV�IS
DATE ADOPTED 06/27/89 POLICY NO, 310
REVISED 04/078
CITY MANAGER PAGE 4 OF 8
SUBJECI: PREPARATION OF AND USE OF TRAFFIC STUDIES
PURPOSE: To provide a useful guideline in preparing traffic studies,
G. EXISTiN P—WJS PROJECT PLUS -(A. viULATIVT CONDITIQNS:
1. The report shall include a summary of all "cumulative" projects (approved
but not constructed)with peak hour(AM and PM) and 24-Dour (ADT) traffic
volumes which would result in significant traffic within the project study
area, A diagram shall be included in the report to graphically illustrate
traffic volumes,
2. The report shall include projected "existing plus project plus cumulative"
traffic volumes for peak hour (AM and PNI) and 24-hour (ADT) in the
project study area including estimated background (through) traffic, and
approved cumulative projects. A diagram shall be included in the report to
graphically illustrate traffic volumes.
H. TJ-�tkEFIt: ANALYSES_
1. INTERSECTION CAPACITY ANALYSIS:
a. Intersection Capacity Utilization (ICU) analysis at all signalized study
area intersections during AM and PM peak hours for "existing"
conditions.
b. Intersection Capacity Utilization(ICU) analysis at all signalized study
area intersections during AM and PM peat: hours for "existing plus
project" conditions.
C. Intersection Capacity Utilization(ICU) analysis at all signalized study
area intersections during AM and PTVI peak hours for "existing plus
project plus cumulative" traffic conditions.
2. HIGHWAY CAPACITY MANUAL (HCM) ANALYSIS-
a. The most current edition of the Highway Capacity Manual (HCM) at
all unsignalized study area intersections, and at all signalized study
area intersections with an ICU of"C", "D", "E" or "F" during AM
and PM peak hours for"existing" conditions.
ADMtN1S`I`RA1JVE -OLIC
DATE ADOPTED 06/27/89 POLICY NO. 310
REVISED 44/07/98
CITY MANAGER PAGE 5 OF 8
,S TE ,T: PREPARATION OF AND USE OF TRAFFIC STUDIES
PURPOSE: To provide a useful guideline in preparing traffic studies.
b. The most current edition of the Highway Capacity Manual (HCM) at
all unsignatized study area intersections, and at all signalized study
area intersection with an ICU of"C", "D", "E.? or "F" during AM and
PM peak hours for "existing plus project" conditions.
C. The most current edition of the Highway Capacity Manual (FICM) at
all unsignalized study area intersections, and at all signalized study
area intersections with an ICU of"C", "D", "E" or "F" during AM
and PM peak hours for "existing plus project plus cumulative"
conditions.
3. 1_,l.NK CAPACITY ANALYSIS:
a. Intersection Capacity Utilization (ICU) link capacity analysis (V/C
ratio) at study area arterial links based on ADT for "existing"
conditions. ',2
b. Intersection Capacity Utilization (,ICU) link capacity analysis (V/C
ratio) at study area arterial links based on ADT for "existing plus
project" conditions.','
C. Intersection Capacity Utilization (ICU) link capacity analysis (V/C
ratio) at study area arterial links based on ADT for "existing plus
project plus cumulative" traffic conditions. ','
` The most current edition of the"Orange County Highway Design Manual",
I ighway Capacity Values (1991) shall be the source for determining link
capacity.
'` The City Traffic Engineer may require Highway Capacity Manual (HCM)
Link Capacity Analysis for critical links during peak periods.
(Notes: Project impacts shall be considered .significalil if'ICU analysis
results in an increase of 0.01 ICU or greater or HCM analysts results in an
increase of one second or more per vehicle 0.0.seciuehicle) c)f average dehiv.
Lane capacity shall be considered 1600 vehicles per hour (1'P11)for the
purpose ofintensection capacity unless other►i4se approved by the Traffic
Engineer.)
&QM.J.N'JS'FHAT1VE POL CY
DATE ADOPTED 06/27189 POLICY NO. 310
REVISED 04/07/98
CITY MANAGER PAGE 6 OF 8
SU3JLCT,- !'REPARATION OF AND USE OF TRAFFIC STUDIES
PURPOSE: To provide a useful guideline in preparing tragic studies.
The report will include the following table format to display the preceding analysis:
Intersection Capacity Utilization(ICU)MethodoloLv
Sccrtnria (Ij (2) {i) (4) (S)
I?xisting Existing plus Existing plus Project CUnit+/alive
project 1.'rojpol plus I+Ttpact' Inipnct'
Cuniulativc
Inkaxeeti(m N ICU 0.00 0.00 0.00 0.00i;t.UU
LOS A A A::d -----E
Column(2)minus i 1)is 0.01 or greater:and'10S":(2)is'T."or`T"
C.oluMl(2)minus(1)is 0.01 or Weatc,arid."I.,()3"(2)is"A" "l3" "C"'of`W.acid is-T"or"r".
(Nate The Growth Msntt+winent Eleinent uslnhliishes asninlinum intersection level-of-service of"1)")
highway Capacity Manual(HCH)Methodolo*,
4cctturio
(1; (2) (3)' (Q) .(5)
l;xisting Existing plus Existiatg plus Project cutnulative
Project Project plux Impnotl IMP;ict',
GUiindativt;
Irtterscctian 4. }ICM 000 0,06 trAU 0.0(1 0,00
LOS A A A
.1 Cnluttin(2?minus(t)is O.il[or clearer:attd`:I.L)S''(2)is"E"�r"1-".
3 dolurtin(2)ininus(U is 0.0 1 or gte4itcu.tnid"LOS"(2)is"A"_"B" "C"'or"I)''.and `-' OS(3)is"I"n:"F"_.
(Note:The Growth Management}:lenient i stablishes it mHuinu:n inlersection,level-cf-service cif"D")
ADM1NI TRATiVE POLICY
DATE ADOPTED Ob/27/89 POLICY NO. 310
REVISED 04L07198
CITY MANAGER PAGE 7 OF 8
SUBJECT: PREPARATION OF AND USE OF TRAFFIC STUDIES
PURPOSE: To provide a useful guideline in preparing traffic studies.
Link Capaciq,Analysis(V/C:)Methodology
Scenraric.. (1) (Z) P) (4) (S)
Existing Existing plus Etisting pkuc Proirct C umulativc
Project Prc?ic Xplu�; tmpaue lnipace
C.unruialivc
JAnk r9 V/C 0.00 0.00 0A0 0.00
LOS A A A
= Gohrrnrt f2)minus t l)is G:s)1 or greuter.and"LOS"(2)is"D7."E"or"I'".
` OnlumRz{2)ini:ius(!)is 0,01 or,grratct;and'108"(2)is"A".13",or"C:
(Note The Growth-Management Elcintnzt estahittihos a rrtinllnwn link level-of-mrviee of"G')
4. TRAFFIC SIGNAL IMPACTS:
a. Warrant analysis of unsignalized intersections within the study area
to determine the need for new traffic signals.
b. Impact on existing signal progression (signal phasing).
1. PRQI CT FAIR SAAR- ANALYSIS: This section will include a calculation of the
project's fair-share analysis percentages(pro-rated share per City Council Policy 111,
Fair-Share Methodology) to determine the project's responsibility for constructing
and/or financing all necessary mitigation improvements which are part of the General
Plan Circulation Element's "Master Plan of Streets and Highways".
J. TRAFTIC ACCIDENT IJ STORY The report will include data on traffic accidents
at all links and intersections within the study area and identify the accident rate (no
of accidents per million vehicles). Where the accident rate exceeds professionally
accepted standards (e.g. 1 per 1,000,000 vehicles) and road conditions are a
contributing factor, the report will include recommended mitigation.
K. S,3 E ACCESS & ON-SITE CIRCULATION: The report will include a review of
proposed site access and on-site traffic circulation to determine compliance with City
standards & policies. Other conditions specific to a project may also be required to
be addressed in the report as directed by the City Engineer.
ADMINISTiRA 'rte VE MtCY
DATE ADOPTED 00/27/89 POLICY NO, 310
REVISED 04/07/98
CITY MANAGER PAGE 8 OF_ 8
SUBJEC I': PREPARATION OF AND USE OF TRAFFIC STUDIES
PURPOSE: 'fo provide a useful guideline in preparing traffic studies.
L. PRINCIPAL FIN'QINrS
1. Primary findings and conclusions of the study including a summary of the
direct and indiredt project impacts.
2. Proposed traffic mitigation (improvements) and analyses of mitigation:
a.. Recommended traffic mitigation improvements.
b. ICU analysis and levels of service (LOS) at "deficient" study area
intersections, based on recommended mitigation improvements.
C. bink capacity analysis and levels of services (LOS) along"deficient"
study area links, based on recommended mitigation improvements.
3. Proposed mitigation to address site access and on-site traffic circulation
issues.
M. APPENDIX (Field Traffic counts; detailed ICU and HCM calculations; Accident
Diagrams, etc.)
A:\AP3]OTS.POL.
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
Page Date Number
"FAIR SHARE" METHODOLOGY
& DEVELOPER REIMBURSEMENTS 1 of 2 3/17/98 111
This policy of the City Council shall establish the method for determining developers'
"Fair Share" improvement costs and reimbursements.
The purpose of the "Fair Share" policy is to equitably distribute costs for
infrastructure development among future development creating the need for those
improvements within the City. The "Fair Share" policy shall not apply to improvements
outside the City limits. Systems Development Tax should not be utilized to subsidize new
development as its intent is to offset the City's cost for the existing infrastructure (M.C.
Section 3-3.501). To this end, the following guidelines are established to provide a more
equitable distribution of costs.
1. Construction and/or costs of all improvements immediately adjacent to or
improvements which directly support a particular development or developments(i.e.,
signalization of a driveway entrance) shall be borne 100% by the development(s)
and shall not be eligible for "Fair Share" compensation.
2. All off-site improvements will be "Fair Shared" based on the following criteria:
a. The developer's "Fair Share" for each particular link or at each particular
intersection will be that percentage of costs based on the ratio of traffic
generated by the project to the total future projected peak hour traffic
generation from potential development within the City at that particular
location.
b. Existing traffic will be subtracted out and will not be considered in the
calculations.
C. Improvements will be based on 2020 projected traffic volumes from future
development and regional growth and shall be consistent with full
implementation of the circulation system as delineated by the most recently
adopted Circulation Element of the City's General Plan and the Orange
County Master Plan of Arterial Highway. Where volumes are not available or
inconsistencies exist, the traffic volumes will be approved by the City Traffic
Engineer as determined by a traffic report prepared by the City at the
developer's expense.
EXHIBIT B
CITY OF SAN JUAN CAPISTRANO
COUNCIL POLICY
Subject: Effective Policy
Page Date Number
"FAIR SHARE" METHODOLOGY
& DEVELOPER REIMBURSEMENTS 2 of 2 3/17/98 111
d. "Fair Share"participation by development shall account for 100%of the costs
for each off-site improvement. Through traffic will not be included in the"Fair
Share" distribution calculations. Through traffic will be discounted as a
percentage of the future volume as approved by the City Traffic Engineer.
The City shall include, as a part of its traffic study, the amount of through
traffic for the City Traffic Engineer's review and approval.
3. Except as may be expanded at the discretion of the City Traffic Engineer, impacts
will not be considered for "Fair Share" participation as follows:
a. Less than 1% increase in peak hour traffic within two miles of the project.
b. Less than 3% increase in peak hour traffic in the remaining areas of the City.
4. A developer may enter into a reimbursement agreement with the City whenever it is
required to construct improvements and those improvements are to be "Fair
Shared". Reimbursement agreements may include repayment from future
development which also has "Fair Shared" responsibility for the same
improvement(s). Reimbursement agreements shall not include any requirements for
the City to pay for future reimbursements should future development not occur.
Reimbursement agreements shall run for a period not to exceed fifteen (15)years.
A renewal shall only be considered if a development providing reimbursement is
reasonably expected within the renewal period. In no case shall a renewal exceed
five (5)years and it shall be limited to one (1) renewal.
5. Existing reimbursement agreements. Where developers have entered into
reimbursement agreements with the City to provide necessary improvements
benefiting future development, the future development shall contribute its "Fair
Share" exclusive of the City's System Development Tax.
6. Administrative Policy #310 - "Preparation and Use of Traffic Studies" shall include
provisions for determining "Fair Share" improvements and costs for off-site impacts
as outlined in this policy.
-PROJECT INFORMATION
OR—_TION
PROPERTY Inti FORMATION
DEVELOPER:
ARCHITECT:
F f I FRONTIER REAL ESTATE INVESTMENTS ASSESSOR'S PARCEL NO:121-160-28,121-160-22,121-160.49
610 NEWPORT CEMER DRIVE,SUITE 41 p BICKEL GROUP AFCHffEC7URE
NEWPORT BEACH,CA 92660 3600 BIRCH ST.SUITE 120 EXISTING ZONE:LOS RIOS SPECIFIC PLAN-SPECIFIC PLAN 7,8-01
CONTACT:DAN ALMOUIST NEWPORT BEACH,CA 92660 SPECIFIC PLAN:LOW DE
F DISTRICT
'k _ 949,354 5600 CONTACT:JIM EIICKEL
T' _ 949.757.0411 TOTAL SITE AREA 255,305 SF(5.86 ACJ
`" �'t`• _ ° !16
CNil ENGINEER: TOTAL LOT COVERAGE:05 SF(-8(T C)AC)
!� VALLEY CIVIL DEISGN GROUP LANDSCAPE ARCHITECT:
' - 65ENTER PRISE SWA TOTAL OPEN AREA:201,588 SF(4.63 AC)
570 GLENNEYRE STREET TOTAL PARKING AREA:.APPROX 100,608 SF(2.31 AC)
ALI50 VIEJO,CA 92656 LACUNA BEACH,CA 92651 TOTAL LANDSCAPE AREA:gPPROX 35,196 SF(13.79%) N072225VJ a3]5'
o r _ 1 - CONTACT:MATH—LOSER LAGUNA BEACH, A9265,
t ,•I - 949.330 6730 --
'�, 949.607.0158
t I
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PROJECT SITE t rQ
,d
[***MODEL- REMOVE THIS TITLE WHEN USED***]
[***FOR PROFESSIONAL SERVICES—DEFINED AS:
SPECIALIZED SERVICES SUCH AS FINANCIAL,ECONOMIC,ACCOUN'T'ING,LEGAL,ENGINEERING
OR ADMINISTRATIVE SERVICES***]
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________ __, 20___ by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and [***INSERT NAME***], a [***INSERT
TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER
LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter
referred to as "Consultant'). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
------------------------------------
(hereinafter
-----------------------------------(hereinafter referred to as "the Project').
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A." [Alternatively, Scope of Services can be included here and
all subsequent exhibits renumbered accordingly.]
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." [Alternatively, Schedule of
Charges may be included here and all subsequent exhibits renumbered accordingly.]
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $ [Insert amount of
1
61147.02100\10974777-1
ATTACHMENT 2
compensation]. 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. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within [Insert number of
calendar days for performance of the services — if more detail is required attach "Activity
Schedule" as Exhibit C, otherwise delete Exhibit C.] The Notice to Proceed shall set forth
the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
2
61147.02100\10974777.1
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
3
61147.02100\10974777.1
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
4
61147.02100\1 0974777.1
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
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signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
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through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
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indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
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[Delete the following provision and renumber all further provisions, if not applicable.]
15. City Material Requirements.
Consultant is hereby made aware of the City's requirements regarding materials, as set
forth in [Insert the name of the document that contains the City's standard material
requirements], which are deemed to be a part of this Agreement.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
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Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY: CONSULTANT:
City of San Juan Capistrano [***INSERT NAME, ADDRESS & CONTACT
32400 Paseo Adelanto PERSON***]
San Juan Capistrano, CA 92675
Attn: [***INSERT NAME & DEPARTMENT***]
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severabilitv
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
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27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO [INSERT NAME OF CONSULTANT]
By: By:
[INSERT NAME]
[INSERT TITLE] Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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EXHIBIT A
Scope of Services
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
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EXHIBIT C
Activity Schedule
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