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18-0403_PLACEWORKS_E11_Agenda Report
4/3/2018 �. .,.k.,.� Ell City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: Xenjamin Siegel, City Manager SUBMITTED BY: Joel Rojas, Development Services Director Ken AI-Imam, Chief Financial Officer PREPARED BY: David Contreras, Senior Planner DATE: April 3, 2018 SUBJECT: First Amendment to the Professional Services Agreement with Placeworks for the Preparation of an Environmental Document Pursuant to the California Environmental Quality Act (CEQA), and First Amendment to the 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 Amendment No.1 to the Professional Services Agreement with Placeworks for the preparation of an environmental document, pursuant to the California Environmental Quality Act (CEQA), at a cost not-to-exceed $184,232, to be funded by the applicant. 2. Approve and authorize the City Manager to execute Amendment No.1 to the Professional Services Agreement with Linscott, Law & Greenspan, Engineers (LLG) for the preparation of a Traffic Impact Analysis, at a cost not-to-exceed $92,856, to be funded by the applicant. DISCUSSION/ANALYSIS: The City and Placeworks entered into a Professional Services Agreement in November 2017 (Attachment 1) for the preparation of an environmental document for the proposed River Street project, at a cost not-to-exceed $168,239. The EIR is currently being prepared and, as a result of the technical analysis, additional tasks such as updated view simulations, archeological testing, updated noise analysis, and additional coordination meetings are required. In order to complete the EIR, an amendment to the Agreement is necessary in the amount of $15,993 (Attachment 2). The proposed amendment would increase the not-to-exceed compensation amount to $184,232. City Council Agenda Report April 3, 2018 Page 2 of 2 In addition, the City entered into a Professional Services Agreement with Linscott, Law & Greenspan, Engineers in November 2017 (Attachment 3) for the preparation of a Traffic Impact Analysis (TIA), at a cost not-to-exceed $67,045. The study is currently being prepared and, as a result of the technical analysis, additional tasks such as updates to the trip generation, update the TIA, and additional coordination meetings are required. In order to complete the TIA, an amendment to the Agreement is required in the amount of $25,811 (Attachment 4), which would increase the not-to-exceed compensation amount to $92,856. FISCAL IMPACT: There is no fiscal impact to the City. The entire California Environmental Quality Act (CEQA) review and Traffic Impact Analysis (TIA) work performed under the separate Professional Services Agreements will be solely funded by the project Applicant. ENVIRONMENTAL IMPACT: In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amending a Professional Services Agreement with Placeworks and Linscott, Law & Greenspan, Engineers, to prepare technical documents would not be an activity with potential to cause significant effect on the environment, and therefore is exempt from CEQA. PRIOR CITY COUNCIL REVIEW: On November 7, 2017, the City Council approved separate Professional Services Agreements with Placeworks and Linscott, Law & Greenspan, Engineers. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: Not applicable. NOTIFICATION: Dan Almquist Placeworks Linscott, Law & Greenspan, Engineers Property Owners within the Los Rios Specific Plan ATTACHMENT(S): Attachment 1 — 2017 PSA — Placeworks Attachment 2 —Amendment No. 1, Placeworks PSA Attachment 3 — 2017 PSA — Linscott, Law & Greenspan, Engineers Attachment 4 — Amendment No. 1, Linscott, Law & Greenspan, Engineers PSA CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of N&4& -� , 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. 1 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. 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 not intended to and shall not in any manner limit or qualify the liabilities and obligations 6 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 7 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 pant 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 8 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. 9 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 Assiqns 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 10 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; _ SIe City n ger Its: Printed Name: W<< ATTEST: By: �ty_F r APPROVED AS TO FORM: By ty A torney 12 NURSERY �• K u I y4,1 - , I j S? _ T - PROPOSAL FOR CEQA SERVICES: Environmental and Technical Services for the Proposed River Street Marketplace SUBMITTED TO:CITY OF SAN JUAN CAPISTRANO,DEVELOPMENT SERVICES DEPARTMENT I OCTOBER 24,2017 @D PLACEWORKS 7 r � - � 'b • t tel. � . ♦ c j b. f i PIIUIO i4n[0WOf15 1' �� 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 Q PLACEWORKS 714.966.9220 1 nmorse@placeworks.com PLACEWORKS.COM PLACEWORKS Tic-Ansmittal l-etter 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:doontreras@sanjuancapistrano.org Subject: Proposal to Provide Environmental and Technical Services on the River Street Marketplace Project,City of San Juan Capistrano(P2017-0824S) 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. 3 MacArthur Place, Suite 1 100 1 Santa Ana, California 92707 1 714 966 9220 1 PlaceWorks_com Ey 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 CELLA 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, PLAWc .�Nisq. Aspal October 24,2017 ( Page 3 Contents tt TRANSMITTAL LETTER ,,~^,,,,^^,,,^,,,,,^,,,^^,,,,,^^,,^~,^,,,^,,,^,,,,,,,,^,^,^,,,,,,~,,,^,,,,,,,,,,^ ] 1. WORK SCOPE,^^,^^^,,,,,,,,,^,^,,.,,,,,,^~~,,,,,,~~,,,,_,,,~r,,~,,^,,,^,,,^,.,.~~,^~^,,,,.,.,,~. 5 Project Management, Meetings, and Public Hearings........... ~ ..............................................................S TechnicalStudies.........................................:........................ ................. ............................................ .....6 CE{ADocumentation............................................................................................................................. 1O CertificationDocuments ............................ ............................................................................................ 13 2. SIMILAR PROJECT EXPERIENCE ,,,,,,,.,,~,,^,^,,,~^,^,^^,~,,,^,^,^,,,,,,^^^,~,_,^.^^^,^ Y5 P|aceVVodo....... ........................................ ............................................................................................. 15 Urbana Preservation&Planning.................................... .....................................................:.................. 17 Co0stompResource Management............................ ................................................................... ..........18 3. PROJECT MANAGER RESUME .^,^,,,.,,,^^,^^,,,,,,,,,^,,,,',,,,,^^^,_,,,^,,,^,,^,.^,~,,,^ ]9 ^1, PROJECT SCHEDULE,,_,,^^~^^,,,,,,^,,,_,^,,,,^,,,^,,,,^_,,,,,~^,,,,.,^,,,,^,^,^^,,,,,,^,',,,^ 2l 5, PROJECT BUDGET,,,,,,~,,^,,,,,,,,^,,,,,,,,,~,,^,,,,,,,,,,,,,,,,,,,^^,,,,,,.,,,,,,,^,^,,,,,,^~,, 23 PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES \ ruwzamOmom i This page intentionally left blank. ii CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE 1 , Scope of Werk 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 fdur 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. Dellveroble(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 CalEEMod 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 (PM2,5), 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. Deliverableft): 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 S.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 (NOI) 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 NOI 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 CECLA 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 CECIA-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. DeJiverable(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 CECLA 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 JOPTIONAL 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 2. Similar Project Experience 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 Place Works'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 Pasadena residents have a general plan land use and mobility elements and prepare the associated Elft.The high level of interest and general plan builds on seven guiding principles to conserve the city's historic knowledge in the planning neighborhoods and districts and target infill in its downtown and around transit and development of the stations. It reinforces transformations that have occurred during the past decade city.In collaboration with with infill mixed-use and housing development, pedestrian-oriented streets,and the City,we conducted four sustainable development practices. prescoping meetings to lay PlaceWorks collaborated with city staff in the design and implementation of an the groundwork for the extensive program of public outreach and involvement. More than 6,000 CEQ4 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 15 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,dslnclair@cltyofpasadena.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@sandlego.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 EIR 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 haSnearIV20 years of environmental pl a nrlingexpprience.With her background EDUCATION as both an attorney and a planner,she thoroughly understands planning and zoning » JD,Business Law,Whittier Law law, the California Environmental Quality Act (CFQA), SB 743,the California Global School,Costa Mesa WarmwgSolutioi sAcL of 1006(AB 32),and the Sustainable Communities and Climate BS,Applied Ecology, University of Protection Act of 2008 (SB 375). Nicole manages and coordinates envnonmental 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 far 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(AEPI communities, and general plans. For over 10 years, Nicole provided CEQA and ESA, policy guidance as a representatve on AEP's Legislative Review Committee— including on CEQA reform efforts,streamlining,and SR 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 I iotel and Villas MND I San Juan Capistrano CA » Historic Town Center Masher Plan EIR I San Juan Capistrano CA » Tustin Legacy Specific Plan EIR I Tustin CA » Geneial 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 Long Beach Specific Plan EIR and Midtown Specific Plan EIR I Long Beach CA. Harbor Boulevard Mlixea-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 » Addendum to the Hollywood Park Redevelopment Project EIR I Inglewood CA » Church of the Woods final EIR I San Bernardino County CA SPEAKING ENGAGEMENTS » "Nuts&Bolts Panel:Cultural Resource Assessments in California" 1 2012 OCAEP Luncheon I Tustin CA » CEQA Basics and Legislative Update I California State Legislature I Sacramei Lo CA, » "Updates and Challenges to CEQA" 1 2013 CASH Workshop:Charting the I_gal Co6rse: Navigating Potential Pitfalls for You:Local Bond Program I Costa Mesa CA TEACHING » "Legal Challenges:Working with you.Attorney" I Guest Speaker,Environmental, Health&Safety Clearance for School facilities,UC Riverside Extension 1 2014 "CEQA Basics" I Guest speaker,UC Irvine Extension 1 2010 LEADERSHIP AND COMMUNITY » OC Chapter Representative,AEP Legislative Committee 1 2003-2013 » Executive Vice President I AEP Orange County Cnapterl 2000-2003 PLACEWORKS 4, Project Schedule 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 0 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 pertinent project information/details needed to (Visual Aesthetic Simulation,Air Quality&GHG, Historic commence the an a lyses/stu dies prior to or on November Resources,Cultural Resources,and Noise Analyses) 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) Second Project Status/Update Meeting I January 26,2018 (meeting to discuss Screencheck Draft Initial Study) I 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:Aril 24,2018 (up to 2; per the City's website, Planning Commission meetings p Second Meeting:May 22,2018 are held once a month,on the fourth Tuesday of each month) City Council Meetings 18 (up to 2;per the City's website,City Council meetings are held First Meeting:June ,2018 once a month,on the first Tuesday of each month) Second Meeting:Jullyy 3,20 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 0 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 a na lyses/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, (5 weeks;schedule takes into consideration holiday based on findings of technical analyses/studies and direction closures and vacations) provided at project status/update meeting with City staff) City Review of First Screencheck Draft Initial Study (including technical appendices) January 12—January 26(2 weeks) Second Project Status/Update Meeting e 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 ,.i- F' t Bid leI 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 1 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 Co stone` 10,310 CEQA DOCUMENTATON Task 5:Screencheck Draft Initial Study _ 16,390 Task 6A:Public Draft IS/MNDMOI 1,800 CERTIFICATION DOCUMENTS Task 7:Response to Comments 8,920 Task 8:Mitigation Monitoring and Reporting Program _s 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 Mailings950 _ Reseonse s 5 to Commenthard_copies and 25 CD_s $ @ 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 WAL $118,910 1.Includes a 10 percent mark-up. 2.2%of PlaceWorks Labor for office Expenses($91,460.002), 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 STUDIE5 Task 4:Technical Ana tudies ---- Iysee .-. - 4.1:Visual-Aesthetic Simulation Analysis 11,655 4.2:Air QualityGHG Emissions - - _ 9,390 _ 4.3:Noise 7,840 4,4:Historic Resources Analysis Report 1,720 Urbana' _ 24,925 4.5:Cultural Resources 430 Cogstonei - - - 10,310 CEQA DOCUMENTATON Task 5:Screencheck Draft Initial S_ludy __ _ _ __ ___ _ 16.390 Task 613:Notice of Preparation and Scoping Meeting_ 2,680 Task 60 Screencheck Draft EIR 37,920 Task 6D: Public Draft EIR 4,520 CERTIFICATION DOCUMENTS _ Task 7:Response to Comments 8_.920 Task 8:Mitigation Monitoring and Reporting Program - 540 Task 9:Findings of Fact and Statement of Overriding Considerations 4,120 Task 10: Notice of Determination 360 Subtotal--La bw f $156,930 REIMBURSEABLES ISMOP 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 Q$10 425 EDR 350 Instrumentation 750 CDFW and County Filing Fees _ 3,200 Mme,miscellaneous - - 500 Office Expenses(2%of Labor) 2,434 Subtotal - - - — $11,309 GRAND TOTAL $168,239 1.Includes a 10 percent mark-up. 2.2%of PlaceWorks Labor for Office Expenses($81,460.002). 24 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE Table 5.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 Plannet/Project Scientist $95-$125 Planner/Assistant Scientist $85-$100 Graphics Specialist $65-$135 Clerical/Word Processing $45-$160 Intern $65485 Subconsultants are billed at cost plus 10%. Mileage reimbursement rate is the standard IRS-approved rate. PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 25 PROPOSALCity of San Juan capima" TABLE 4.DETAILED COST sle ttun u•� ,rF API•:G5 .` ._. ••• �.lROXQ'�'I�'M•116 ACAApVRT1[4;ibl� a Rm �a�a_asar�so�asoa UQ i*—iCPTJDNA%-EIR TAS KI S111" JOPMXAI-EM TASK, +eR z ami wueFi�aw sero wo�a.f++rtetirc aa��aa�aa��ao��aa TTCN\+CTi S1V:KF5 ,i TE(}RY(T;.F4NZT5TSj$�4kIS3 �o�aa��aa�aaooQ AS%S..CRl1NSSIELR A.Af1 KHiMISTWY sa��oara��o�a©■aao TAW C 4 me v�{R1�TruFi-Os 1�7C R�[ut 0 ® 'w*ItlfaTQ,•:.,4Ht:',•S NTS Sigma T.asro«�Tocxa ao�soo�ooaaooa© ��������■��o����a� aa�ooaaoaaosa a f071S7HAt Ot TASKj-TA:+t4.{p10tT450i fA[7 AT10 STATtl.lTITOF-OIIfRRiDNW CO.�(RAflp.S 1Q 1 1 1 1 1eoa TASK T4 NOIrQ a a7g01�gy1T101� 12 ®aa®0000�aaos�so s*�®r��® , 6 aI 109: City of San Juan cxpis o Environmental and Technical Services for the Proposed River Street Marketplace TABLE 4.DETAILED COST PROPOSAL Sral LraAtdYrril s"W" TO9a1,5 MOrtsF GUf 6T0.9CA vntMLLOx aMeag9raah 4 xawlis sLLLIVAN 0 > f rwfwr+b 9+n rmu 57.:A %s ii5 SZS S-0 S12 _ ae fri�wtiw.m9 r.[rs P.+rrJ lr.9w+t 9 y1„rfa Yr.on-t.ry-R.— 51J25 1eaD [uw.�roSx.wf rrro�r�..K.I r.aa MYaur Iw. f%3rd Mf wv.w.9N.Yr San Voer(w�w I 1 !f Sx1e r9. as use Yr — sra n .�r.Pr.w.a�r.nnn V 5v.�:.•.9 ati arePMta 5 f [0 b SJ`5 rx- oa.+t�.�•T b uM fyA$r rr1.:C5 w9f.e...:aAwa.r•.Y rY LnAarf ilne Toru 111f0 RUANU 6MtS SUN AL(M IISMS KAME DWAIMS1 S11I.M9 4� 1 v � . k Y.olG.rd[CWOiky AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PLACEWORKS 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this day of April, 2018, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Placeworks, a California Corporation with its principal place of business at 3 MacArther Place, Suite 1100, Santa Ana, CA 92707 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled Professional Services Agreement dated November 7, 2017 ("Agreement") for the purpose of retaining the services of Consultant to provide preparation of an Initial Study (IS) and subsequent environmental document, as required by the initial study, for the River Street, San Juan Capistrano project. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services and increase the not-to-exceed compensation amount. 2.3 Amendment Authority, This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 1 and 3 of the Agreement are hereby amended in its entirety to read as follows: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit"A." Pagel of 3 61147.02 1 00\2446445 1.1 ATTACHMENT 2 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 $184,232. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1, 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Page 2 of 3 61147.02100\24464451.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PLACEWORKS CITY OF SAN JUAN CAPISTRANO PLACE WORKS Approved By: Benjamin Siegel SignaturW City Manager Ple-fto � Name Date Attested By: Title Maria Morris, City Clerk Date Approved As To Form: City Attorney Page 3 of 3 61147.02 1 00\244644i 1.1 EXHIBIT A SERVICE AUTHORIZATION AMENDMENT NO. 1 PROJECT NO.= SJC-11 DATE March 22,2018 PROJECT NAME IRiver Street Marketplace AGREEMENT BETWEEN: CLIENT City of San Juan Capistrano CONSULTANT Place Works STREET ADDRESS 32400 Paseo Adelanto STREET ADDRESS 3 MacArthur Place,Suite 1100 CITY STATE AND ZIP San Juan Capistrano,CA 92675 CITY STATE AND ZIP Santa Ana,CA 92707 CONTACT David Contreras CONTACT Nicole Morse Hereinafter referred to as"Client." Hereinafter referred to as"Consultant." This Amendment No.1 to an existing agreement for services is made and entered into effective as of the date of signature("Effective Date"),by and between PlaceWorks(Consultant),a California Corporation,and City of San Juan Capistrano(Client). RECITAL The Consultant desires to amend, modify and revise that certain Agreement("Existing Agreement")with the Client,entered into on November 7,2017 to provide Services,as defined therein,and to now amend the Existing Agreement.Except as specifically amended by this document,all other terms and conditions of the Existing Agreement will remain in full force and effect,without modification. Now,therefore,in consideration of the above facts and of the covenants and agreement contained herein,the parties hereto agree that: A Contract Amendment in the amount of$15,993 is authorized in accordance with the scope of work provided in Attachment A. Previous Contract Amount of this Tasks Amount Amendment New Contract Amount TASK 3. MEETINGS AND PUBLIC HEARINGS 7,650 1,535 9,185 TASK 4.1 VISUAL-AESTHETIC SUMULATION ANALYSIS 11,655 1,530 $13,185 TASK 4.3 NOISE 7,840 1,224 $9,064 TASK 4.5 CULTURAL RESOURCES(COGSTONE) $ 10,310 $ 11,704 $22,014 TOTAL $168,239 $15,993 $184,232 TASK $0.00 $0.00 $0.00 TASK so 00 $0.00 $0.00 1 CONSULTANT: CONSULTANT PlaceWorks STREET ADDRESS 3 MacArthur Place,Suite 1100 CITY STATE AND ZIP Santa Ana,CA 92707 AUTHORIZED REPRESENTATIVE Nicole Morse,Esq. TITLE Associate Principal PlaceWork's Authorized Representative Date CLIENT: CLIENT City of San Juan Capistrano STREET ADDRESS 32400 Paseo Adelanto CITY STATE AND ZIP San Juan Capistrano,CA 92675 AUTHORIZED David Contreras TITLE Senior Planner REPRESENTATIVE Client's Authorized Representative Date 2 EXHIBIT B Attac hrne;rpt A: W cni k Task Scope of Work Cost", 3: Meetings and Public Hearings PlaceWorks will attend seven 1-hour team meetings to discuss $1,535 _project status. 4.1:Visual-Aesthetic Simulation 1,530 Anal PlaceWorks will update the view simulations y-sis - PlaceWorks will update the cumulative operations modeling and 1,224 4.3:Noise tables to reflect the additional related projects that were added to the traffic analysis.Segment volumes will be provided by LLG. 4.5: Cultural Resources(Cogstone) Task Management and Communication—This task includes Project 11,704 management and communication by Cogstone's Project manager with PlaceWorks.Cogstone will attend a maximum of 3 in-person meetings. Pre-field Coordination—Cogstone's key staff will conduct research and prepare a work plan letter describing the methods to be used and a map showing the suggested location of the excavations for the City's approval. Field Work—Cogstone will provide a crew of two to conduct the XPI study to determine the presence or absence of archaeological materials within the Project Area that is within and adjacent to the historic archaeological refuse site. The XPI will include up to 10 STPs with a 1.5 feet diameter excavated to a depth of 2 sterile levels. All soils will be screened through 1/4 inch wire mesh. A Native American monitor will be present during the testing. If intact subsurface deposits are identified during the XPI testing,the City may require additional work such as a Phase II data recovery program, which is outside of this scope of work. Isolated artifacts can be recovered and documented within this scope. All the archaeological collections will have provenience control (vertical and horizontal). Horizontal control shall be referenced from the site datum permanently set into the ground and secondary reference points as appropriate. All material recovered in the field will be analyzed on site and returned to the location from which it came. Temporally diagnostic artifacts will be collected, cataloged, and retained until all, if any, further archaeological work is completed and cataloged. It is assumed that no more than 20 temporally diagnostic artifacts will be collected- Curation costs are not included with this scope. XPI Report & DPR 523 Site Forms—Cog stone's key staff will prepare a draft XPI report and DPR 523 site forms.The report will summarize the results of the testing and the integrity of any identified deposit. Cogstone will respond to one round of comments and produce the final report. If intact cultural deposits are identified,additional work may be necessary and is not part of this proposal. No additional work would be conducted without advance approval. CONTRACT AMENDMENT TOTAL $15,993 ORIGINAL CONTRACT TOTAL $168,239 NEW CONTRACTTOTAL $184,232 1.2 percent of PlaceWorks Labor for Office Expenses. 2.Includes a 10 percent mark-up. 1 CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of N1 A;YJY1QV2017 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 3 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 fE!e 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 Parte 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 e' 44P By: By: - —-- B ie y M ger Its: Principal Printed Name:Richard E. Barretto, P.E. B A EST By: i le k APPROVED AS TO FORM` By (' y A torney 12 EXHIBIT A LINSCUrf GRFFNSPAN August 24,2017 Engineers&Planners Traffic Transportation Parking Mr. David Contreras Development Services Department Linscot%Law& City of San Juan Capistrano Greenspan,Engineers 32400 Paseo Adelanto 2Executive Circle San Juan Capistrano,CA 92675 Suite 250 Irvine,CA 92614 LLG Reference: P2.17.0208.1 94962581751 919.625.6173 r www.ligangineers.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 PhilpM Greenspan, n,PEPEiiRe l JeckM Greenapan,PEiaeu addition, the Project proposed to improve Paseo Adelanto, along project frontage and William A.Law,KIWI construct up to 24 diagonal on-street parking space in place of on-street parallel Paelw 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 shander,FE John A.Boarman,PE Clare M look-Jaeger,PE Richard E Barratt,PE Keil D.Maherry,PE A.igtwe cwn.rw rw,aed IVA Mr. David Contreras August 24,2017 GRUNWAN Page 2 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(TIA) 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 Trak 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 Mr. David Contreras August 24,2017 Page 3 ■ 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 1,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 Mr. David Contreras August 24,2017 Page 4 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, • 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 Mr.David Contreras August 24,2017 GREENSPAN Page 5 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&Trarfic 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/I-5 NB Ramps 2. Ortega Highway/I-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. R 2'1 1'_,"02t'^4 R.t.,,i :SIICL'1 1c•cl opTnc nt.Sa n :,t[in r.an t,;tr do P2 70208 Ra\cr:rove!Du�dopu_nt S:m ttid �'aptnlianv Mr.David Contreras August 24,2017 Page 6 ** 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 1-5 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). Mr. David Contreras August 24,2017 Page 7 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 9rh 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 Mr.David Contreras August 24,2017 Page 8 GREENSPAN 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 it .:i •;t, i .ir--;1,,mintS,,niIciui .i Mr.David Contreras LINSCOff August 24,2017 Page 9 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 Trak 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: Mr.David Contreras August 24,2017 Page 10 GAFFNSPAN 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 determine 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. Mr. David Contreras August 24,2017 Page 11 GREENSPAN 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. iII h!,,_Irpir;c.,L n Iicm i';ini;u.inrr 7(l i:;:r Su« 01-,vc1ilpnic!i S•m Ian C rpisrtiawn jot: Mr.David Contreras August 24,2017 GRFENWAN Page 12 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 l3 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,excludinP 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. P:2111—P�1"12;8 ?;1,C1 iiloc[DC1CiOpinCn[ San loan[:ap;u mo P2 '120 Ri+.::r [icc'.Dcvclnpn,cni.iai7 luau C'.gfi;n+nui �I>.i'rnrsdl illi-:�-I';Jrc Mr.David Contreras August 24,2017 Page 13 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. Mr.David Contreras August 24,2017 Page 14 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 party 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 Richard E.Barretto,P.E Zawwar Saiyed,P.E. Principal Senior Transportation Engineer California Registration:TR 2006 California Registration: TR 2525 Attachments Mr.David Contreras August 24,2017 LAW Y, Page 15 CRFFNSPAN 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) 1�:�Il i P".'V'.118 (2'�Ci itf;:cl f7C�cro mcn�.San In;ui Canisu•arn P'"'ci'0:� Rncr Sura.lic cl;ipmcm San iva�f_piiiruun k) Joc EXHIBIT B LINSCOTT,LAW 8 GREENSPAN,ENGINEERS FEE ESTIMATE-NOVEMBER 1,2008 FEE SCHEDULE JOB NO. P2.17.0208.1 JOB DESCRIPTION:1111wr Sired DcvtlapmcnL San Juan Cm I%Irano 24-Aug-17 BILLING HOUIL9 IIVTOTAL COST PER TITLE RATE 1 2 3 4 5 6 7 a 9 10 II 13 HOURS TITLE Principal L•n mccr 5252 2 1 4 4 1 1 2 46 4 48 S12.p9l, Senior TE 5178 8 A 4 6 6 8 5 8 10 6 12 17 98 $17,444 I E I 1114 4 16 30 30 12 4 I H 32 146 $16.644 kA 11 $113 2 16 2 2 12 34 $3,842 AnIc I S55 2 2 12 I6 $880 HOURS PER TASK 16 42 5 44 44 21 6 1n 18 30 72 34 342 TOTAL.COST $2.610 551560 S964 55.832 S5.1132 53,044 $1.142 1 51,928 $3,244 54,612 S8.S0A 57.3111 SSO,ga6 RATCI COST PER ITEM COST M OF MILES MOF UNITS ITEM Amo RcniriNnwntoio $0.535 3,1l, ! SI79.110 'TOTAL RhaMBURSABI.E.4 $179.00 NUBCONSUMANTS MOF MOF COSTPER MARK- NAME DESCRIPTION OF LOCA'T'IONS MOF'PERSONNEL DAYS HOURS MISCI MISC2 UNIT UP COST Subconaullant A AM and 1'M Peak Period Intersection Counts 5 1 3 4 $40 01G 52AWAIII AM and I'M Pmk Period Inu:rseedon Count 6 2 1 4 S40 0'.6 $5.760.00 Awra a Da.wr(aRc Count 10 1 3 1 $60 0:6 $1.800.00 Subconsultam B 1'r4(rc Mndclin• 1 $6.000 ()% $6.000 00 TOTAL.SLIBCONSULTANT COST S15.960.00 TOTAL BUDGET 567,045.00 Tasks: I Project Mobilirnlion 7 Fair-Share Analysis 2 Data Collection and Research H Sile Access and Internal Circulation Evaluation 3 Trallic Count Program&Trafliic Modeling Support 9 Parking Analysis 4 Trip Generation.Distribution and Assignment Analysis 10 Neighborhood Parking Invision Analysis 5 Project Evaluation and Mitigation Measure Analysis I I Pmpamiion or Screencheck and Drag TmMc Report 6 Queuing Analysis 12 Meeting Support FEE SCHEDULE LAW 9 GREENSPAN Effective November 1,2008 Engineers&Planners TITLE PER HOUR Traffic Transportation Principals Parking Principal Engineer.................. $ 252.00 ........ .................................................................. Associate Principal Engineer.................................................... $ 216.00 Unscolt Law& 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................................................................... .........$ 158.00 999.826.61757 Transportation Engineer II .....$ 133.00 %9225.6173 F Transportation Engineer I...................................................................................$ 114.00 www.figengineers.com Transportation Planners Pasadena Senior Transportation Planner........................... ........$ 158.00 Irvine Transportation Planner III ...$ 133.00 San Diego Transportation Planner II....................................................................................$ 114.00 Woodland Hills Transportation Planner I.....................................................................................$ 102.00 Technical Support Engineering Associate II....................................................................................$ 113.00 Engineering Associate I......................................................................................$ 109.00 Engineering Computer Analyst II.......................................................................$ 108.00 Engineering Computer Analyst I........................................................................$ 85.00 Senior CADD Drafter.........................................................................................$ 109.00 CADD Drafter III......................................................,.........................................$ 102.00 CADD Drafter II................................................................................................$ 90.00 CADDDrafter I..................................................................................................$ 77.00 Senior Engineering Technician................. $ 109.00 Engineering Technician H..................................................................................$ 102.00 Engineering Technician I...................................................................................$ 77.00 Word Processor/Secretary..................................................................................$ 72.00 Philip M Lmscen,PE uvtgsptei EngineeringAide I.............................................................................................$ 55.00 Jack M Greenspan,PEiaeri William A Law,PE liter i 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 eoarman,PE Clare M Look-Jaeger,PE The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. ClaeRichard E.Barrette,Look-Jaeger, 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. anl62-ABU,,Voiq Fou do4r91A Jawwar Saiy�J�ed, Biography P'IE. Zawwar Saiyed is a licensed Traffic Engineer in the state of California. He earned his Masters of Science in Civil Engineering from the University of Arizona,Tucson and has Senior Tra nsporti over 15 years of experience working on traffic engineering projects throughout the bk i'lnglne'efi 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, Years of Experience: parking studies, parking management plans, and experienced in utilizing Highway Capacity Software,TRAFFIX,Vistro and Synchro. Ycars with LLG Engineers: Areas of Expertise Traffic Impact Analysis Reports Trip Generation Studies Transportation Planning and Site Design Regional and Multimodal Consultation Transportation Plans in Civil Enqmejnn� Mixed-Use Parking Demand Studies Transit Planning Sight Distance Analyses Travel Demand Forecasting I Modeling - Traffic and Parking Field Studies and Simulation ' Project Experience 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 Elsinore, California.The Alberhill Villages Specific Plan area is generally located along the south side of the 1-15 Freeway and west of Lake Street in the City of 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 LINSCOTT 1,600 students, a university for 6,000 students, 1,671,000 SF of commercial 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 Harvey Mudd College, Claremont McKenna College, Pomona College, Claremont Graduate University, and the Claremont University Consortium projects in the City of Claremont, California. Prepared Traffic Impact Analysis Reports which included utilizing the HCM Methodology for weekday and weekday analyses. LLG worked closely with City staff, as well as the Colleges and EIR consultants during the preparation of the Traffic Studies. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LG2WB ENGINEERS, INC. 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this day of April, 2018, by and between the City of San Juan Capistrano, a municipal organization organized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and 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 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled Professional Services Agreement dated November 7, 2017 ("Agreement") for the purpose of retaining the services of Consultant to provide Preparation of a Traffic Impact Analysis (TIA) for the River Street, San Juan Capistrano project. 2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services and increase the not-to-exceed compensation amount. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section 1 and 3 of the Agreement are hereby amended in its entirety to read as follows: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." Page ] of 3 61 147 02100\24464451.1 ATTACHMENT 4 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$92,856. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No, 1. From and after the date of this Amendment No. 1, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Page] Page 2 of 3 61147.02100\24464451 1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LG2WB ENGINEERS,INC. A CALIFORNIA CORPORATION, DBA LINSCOTT,LAW& GREENSPAN,ENGINEERS CITY OF SAN JUAN CAPISTRANO LG2WB ENGINEERS, INC. A Approved By: CALIFORNIA CORPORATION, DBA LINSCOTT, LAW & GREENSPAN, ENGINEERS Benjamin Siegel City Manager Signature Date Attested By: Richard E. Barretto, P.E. Name Maria Morris, City Clerk Princival Title Approved As To Form: March 27, 2018 Date City Attorney Page 3 of 3 61147.02100124464451.1 L IN Mr. David Contreras EXHIBIT A SCOTT February 7, 2018 Page 3 GREENSPAN Client: Mr. David Contreras Development Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LLG Reference: 2.17,3910.1 Project: River Street Development San Juan Capistrano, California ADDITIONAL WORK. `mask 1: Defining_Pro'ect Description and Project Trip Generation Iterations 1.1 Provided support to Project team and City staff to help define Project description, which included type of land use, land use splits and square-footages. 1.2 Based on multiple revisions to the Project Description,the Project trip generation was revised accordingly. A total of seven (7) revision iterations were made to the Project trip generation, inclusive of revisions to pass-by reductions and internal capture reductions calculations. 1.3 Assign the revised forecasted Daily, AM and PM peak hour trips expected to be generated by the proposed Project to the study intersections and 'roadway segments based on existing and anticipated traffic patterns to and from the Project site,as well as the traffic model select zone model runs for the Project. Task 2: Revisions to Cumulative Projects List 2.1 Received and went through three (3) updates to the Cumulative Projects list sent by the City, inclusive of two (2) revisions to the Cumulative Projects list dated December 2017 and a final updated list dated January 20 18. 2.2 Updated Cumulative Projects trip generation and trip distribution based on the revisions to the Cumulative Projects lists provided by the City. 2.3 Distribute and assign the revised Daily, AM and PM peak hour cumulative projects traffic to the study intersections and roadway segments. 1 NPA ana('o�u,i;i;l'orn.trl lmrnclmm�t I:}:L, R•..�tl rei 11r�elnpnunt,tiar,laau l'r,�.i no.Hr•.irad('must Amaodmw! I - Mr. David Contreras LINSCi TT February 7, 2018 Page 4 GREENSPAN Task 3: Revisions to Forecasted Traffic Volumes/LOS And Coordination with LSA 3.1 Based on the tasks outlined above, revised the forecasted traffic volumes/LOS for the analysis scenarios listed below are: 1. Existing With Project Traffic Conditions, 2, Existing With Ambient Growth With Project Traffic Conditions, 3. Existing With Ambient Growth With Project With Cumulative Projects Traffic Conditions, 4. Long-Term Without Project Traffic Conditions, and 5. Long-Term With Project Traffic Conditions, 3.2. Coordinated extensively with LSA via conference calls and email to verify and troubleshoot the traffic volumes and LOS results of the Farm Specific Plan project and the River Street Development project to make sure the results are consistent. This included troubleshooting levels of service (LOS) calculations for Intersection Capacity Utilization (ICU) methodology, Highway Capacity Manual (HCM) methodology and Daily V/C Ratio methodology. Task 4: Saturday and Sunday Project"Trip Generation Forecast 4.1 As requested by the Project Applicant,the trip generation for the proposed Project was forecasted for Weekday Saturday and Weekday Sunday traffic conditions using rates identified in the Trip Generation, 10th Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2017): 4.2 In conjunction with Task 4.1, updated the Project trip generation table to include the Weekday Saturday and Weekday Sunday trip generation forecast. Task 5: CMP Analysis at Ortega Highway between the I-5 Ramps 5.1. Consistent with the requirements and procedures outlined in the current Orange County Congestion Management Program (CHIP), a CMP analysis was conducted for the key roadway segment on Ortega Highway between the 1-5 Northbound Ramps and 1-5 Southbound Ramps in order to determine if the percentage of Project trips would exceed the"three percent" limit. Task 6: 1-5 Freeway and Ortega Highway Interchanae Queueing_Annal 6.1. Conducted a "turn pocket" queuing evaluation for the 1-5 Freeway Off-Ramps at Ortega Highway to determine the minimum required stacking/storage lengths for all off-ramp lanes for Existing Plus Project Pius Cumulative (Year 2020) Traffic Conditions and General Plan Buildout Traffic Conditions. 2 ,, K;wi am::!Ilr. J"pwm"o,lurm parl t n!rnd,!!,I.'.I,,!;Hi-Ruri 5!!trI I)c';dnp,noI1,Sao kuml k ap,,Iow-Re•.is..d l onunct Anw.u1m ni:rl Mr. David Contreras LINSCOTT February 7, 2018 Page 5 GREENSPAN Task 7: Proiect Construction Traffic Analysis 7.1. Coordinated with the Project Applicant to obtain the anticipated construction activities for the proposed Project, inclusive of demolition/site preparation, grading/trenching, building construction, and asphalt paving/architectural coatings activities. 7.2 Developed Project Construction Traffic Generation based on the anticipated construction activities provided by the Project Applicant. 7.3 Determined whether the Project construction-related traffic will have any significant traffic impacts. Task 8: Railroad Assessment 8.1 Conducted field observations of the existing operating conditions at the Highway-Rail Grade Crossing located between the intersections of Camino Capistrano and Paseo Adelanto during the AM Peak Hour (7:00 AM — 9:00 AM) and PM Peak Hour(4:00 PM—6:00 PM) during a "typical" weekday. 8.2 Reviewed and researched the Review of interconnected Highway-Rail Grade Crossing Report prepared by CTC, Inc. dated October 13, 2015 for recommendations and conclusions to incorporate into the TIA report. FEE ESTIMATE Current Contract Authorization: $ 67,045.00 Contract Amendment No. 1 Budget Request: $ 6,686.00 Adjusted Contract Amount: $ 73,731.00 Upon return of a fully executed authorization, this service fee and condition shall become a part of the Contract Agreement dated August 24, 2017, except as amended herein. 3 \ NO;I_'I:<'i i:r-16,':-n:,0,l) Ciopaww,S;,.haw Cap.,i:.ii:"I I-\11A%i liaas Com,..i I'ul+v'vhll-I%:1;i';P Iti•:e, l):wi-Iolimont.S,ui)u;fil l np,: Oom, Ko,,Y,+d l'uwal.I nldilrlmenl 1 LINSCOTT,LAW&GREENSPAN,ENGINEERS FEE ESTIMATE•NOVEMBER 1,2008 FEE SCHEDULE .IOB NO. 3.17.3910.1•(One.act Amendavivot Ill JOB DESCRIPTION:River Ste vet Orvetopincal.San.lunn Copislronn 0746-18 BILLING. HOURS B5'TASK TOTAL COST PER TITLE RATE 1 2 3 4 5 6 7 a 9 10 11 12 HOURS TITLE 1h.oci at1 Enwee"i $252 1 U 9 2 $378 Scniof IF $178 2 I 1 0 i r I 10 $1,691 TL 1 $114 A t to A 4 41 $4,617 I.A Il $113 0 SD Aide I SSS 0 S0 HOURS PPR I ASK 11 10 11 3 2 5 5 5 5 3 5 0 U U 52 IOTA 1.COS F $1,520 SI 2h8 51,318 54(Ih 5317 $h34 $76(1 $4h3 $0 $0 S(� $0 86.686—" RATE/ COST PER ITEM COST N OF MILES N OF UNITS ITEM AuM Rcunbuncownt I S05351 1 1 $0 U0 -rOTAL REINIRURSARVFS SO.INI SUBCONSULTANIS NOF HOF COST PER MARK- NAME DESCRIPTION HOF LOCATIONS HOF PERSONNEL DAVS HOURS MISCI MISC'2 UNIT UP COST StlhepMUltOnl A ANI and PM Peak Period lnlersecnoo Counts 0% SO OD A\1 and PM Peak Period hucisccoon Counts 0% 80.00 A%via.c Dally Traffic Counts 0% S000 Sulxonsultant B -IT. AITle WdUlui 0°!e J $000 TOTAL SIIFW.01"1[LTANr FUST SO.00 TOTAL BUDGET $6,686.00 Tasks: 1 Defining Project Description and Project Trip Generation Iterations 7 Railroad Assessment 2 Revisions to Cumulative Projects List 8 3 Ruvisions to Forecasted Tragic Vohrmcs 9 -1 Sawiday and Sundav Project Trip Generation Forecast 10 .5 CN•IP Analysis al Ortega I hghway between the 1.5 Ramps 11 6 I-5 froewuy and Ortega Highway Inlorchangc Queueing Analysis 12 4 LINSCOTT GREENSPAN Effective November 1, 2008 Engineers&Planners TITLE PER HOUR Traffic Transporlation Principals Parking Principal Engineer..............................................................................................$ 252.00 Associate Principal Engineer..............................................................................$ 216.00 Linscon,Low& Planning/Design Manager .$ 201.00 Greenspan,Engineers 2 Executive Circle Transportation Engineers Suite 250 Senior Transportation Engineer............................................... Irvine,CA 92614 ...........................$ 178.00 Transportation Engineer III ................................................................................$ 158.00 949,825,6175 r Transportation Engineer II949.625,6173 r .................................................................................$ 133.00 Transportation Engineer 1................... $ 114.00 www,llgenginoers.com Transportation Planners Pasadena Senior Transportation Planner........................ ..........$ 158.00 Irvine Transportation Planner III ........................................................... ................$ 133.00 San Diego Transportation Planner 11.................... .................$ 114.00 Woodland Hills Transportation Planner I.....................................................................................$ 102.00 Technical Support Engineering Associate Il ....................................................................................$ 113.00 Engineering Associate I..................................,,...............,..,...............................$ 109.00 Engineering Computer Analyst Il.......................................................................$ 108.00 Engineering Computer Analyst I........................................................................$ 85.00 Senior CADD Drafter.........................................................................................$ 109.00 CADDDrafter III...............................................................................................$ 102.00 CADD Drafter Ii ................................................................................................$ 90.00 CADDDrafter 1.................................................................... ............................$ 77.00 Senior Engineering Technician..........................................................................$ 109.00 Engineering Technician 11..................................................................................$ 102.00 Engineering Technician I ...................................................................................$ 77.00 Word Processor/Secretary..................................................................................$ 72.00 Engineering Aide I .............................................................................................$ 55.00 Philip_ reempan,R ik.tirei Jack M_Graanspan,PE iaru William A law,PE lee;) Public!-Tearing and litigation support may be charged at 125%of the base rate. Consultation in connection with Paul W.Wdkmsun,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 Boarmen,PE Clara M Look-Jocger,PE The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates, lareBaatto,PE 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.Meberry.PE unpaid balance. M;tG?'Ne Coix�nnr fo;ande07a6G 5 Mr. David Contreras LINSCOTT March 14, 2018 LAW Y Page 3 GREENSPAN Client: Mr. David Contreras Development Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LLG Reference: 2.17.3910.1 Project: River Street Development San Juan Capistrano, California ADDITIONAL WORK. Task 1 : Attendance at Meetings 1.1 This proposal assumes preparation for and attendance by LI.G at up to seven (7) Project team/City staff meetings. This proposal allocates two-and-half(2.5) hours of preparation and participation by the Principal Engineer at each of these meetings. FEE ESTIMATE Current Contract Authorization: $ 67,045.00 Contract Amendment No. l Budget Request: $ 6,686.00 Contract Amendment No. 2 Budget Request: $ 4,567.00 Adjusted Contract Amount: $ 78,298.00 Upon return of a fully executed authorization,this service fee and condition shall become a part of the Contract Agreement dated August 24, 2017, except as amended herein. 6 1+-R"vl'Simm I lan(oln'lim'o I i.NV\rale Comm atI'l'nnu arl,tmcrduicnl.'.I 71110-Itr.r:till r-1 1)"'1 npnamt.Sau J',;III C aIazuanq-l nnlr:icf'4 wildmapl a�.4l-I I I K doe:. LINSCOTT,LAW&GREENSPAN,ENGINEERS FEE ESTIMATE-NOVEMBER 1,2000 FEE SCHEDULE JOB NO. '_.17.3910.1-Conn act:\mendmenl N2 JOB DESCRIPTION:River So"I Dc"fol ornt.Sm,Juan Capistrano 15-Mar-18 BILLING HOURS BY TASX TOTAL COST PER TITLE RATE 1 2m 4 5 6 7 8 9 10 11 12 HOURS 'TITLE Princi gal Engineer S252 175 I9 $4,410 Semen IE $178 0 So TF 1 $114 0 $0 EA II $113 0 $0 Aide $55 0 50 I IOURS PER TASK 175 00 0 0 0 O 0 (1 0 0 19 TOTAL COSI' $4,410 $0 $(I $0 $0 $0 $0 $(1 $0 $D $O 54.4111 REINIBURSABLVS RATE./ I COST PER ITEM COST NOF MILES. N OF UNITS ITEM Auto Reimbursement $0 535 1 20.1 1 $157 00 TOTAL REI NI lit1RSAIILF.S S157,01) SUIMONgULTANTS NOF N OF COST PER MARK- NAME DESCRIPTION NOF LOCATIONS NOF PERSONNEL DAYS HOURS MISCI MISC2 UNIT UP COST Subconsuhant A AM and PM Peak Penod bOcraeciton Coums 01y 50,0(1 AM and PNI Peak Penod lnle(0.6CIIOn("otmts 0% $000 Average Dailv Traffic Counts 01/6 $0.00 Subconsultanl B 'TraB'1c mo&.11mg 01/6 $000 TO'i-Ai,CUBC NSULTANT COST 50.00 TOTAL BUDGET 54.567.00 Tasks: I Attendance at Meetings 7 8 3 9 4 10 5 11 6 1_2 7 LINSCOTT GREENSPAN Effective November 1, 2008 Engineers&Planners TITLE PER HOUR Traffic Transportation Principals Parking PrincipalEngineer..............................................................................................$ 252.00 Associate Principal Engineer..............................................................................$ 216.00 Linscott,Levy& Planning/Design Manager..................................................................................$ 201.00 Greenspan,Engineers 2 Executive Cir clo Transportation Engineers Suite 250 Senior Transportation Engineer..........................................................................$ 178.00 1 rvi no,CA 92614 Transportation Engineer III................................................................................$ 158.00 949,625.6175 r Transportation Engineer 11 .................................................................................$ 133.00 949 B25.6173 r Transportation Engineer I......................... ............................$ 114.00 www.11gongineers.com Transportation Planners Pasadena Senior Transportation Planner........................ ,$ 158.00 Irvine Transportation Planner III ............................................................................ $ 133.00 San Diego Transportation Planner 11........................ ............$ 114.00 Woodland Hills Transportation Planner 1.....................................................................................$ 102.00 Technical Support Engineering Associate 11 ....................................................................................$ 113.00 Engineering Associate I......................................................................................$ 109.00 Engineering Computer Analyst II.......................................................................$ 108.00 Engineering Computer Analyst I........................................................................$ 85.00 Senior CADD Drafter.........................................................................................$ 109.00 CADD Drafter III...............................................................................................$ 102.00 CADD Drafter II ................................................................................................$ 90.00 CADD Drafter I..................................................................................................$ 77.00 Senior Engineering Technician..........................................................................$ 109.00 Engineering Technician lI..................................................................................$ 102.00 Engineering Technician I ...................................................................................$ 77.00 Word Processor/Secretary..................................................................................$ 72.00 Engineering Aide I ... .$ 55,00 Philip.tieemp,PE lEiget[i Jack M.Greenspan,PEiflmi William A Law,PE raw Public Hearing and litigation support may be charged at 125%of the base rate. Consultation in connection with Paul W.Wilkinsun,PE litigation and Court appearances will be quoted separately. Jahn P.Keating,PE Project-related mileage will be billed at the prevailing standard mileage rate as determined by the IRS. David S.Shander,PE Subcontractors and other project-related expenses will be billed at cost plus 15%. John Boarman,PE Clare M Look Jaeger,PF. The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. NOW E Banetto,PE 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 KeilD Maherry,PE unpaid balance. Aa lG?W6Cum4..Feuodad�9GG 8 Mr. David Contreras LINSCOTT March 22, 2018 LAW , k Page 3 GREENSPAN Client: Mr. David Contreras Development Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 LLG Reference: 2.17.3910.1 Project: River Street Development San Juan Capistrano, California ADDITIONAL WORK. Task 1: Project Coordination 1.1 Coordinate with City staff and Project team to obtain and discuss the updated cumulative projects list. Task 2: Trip Generation, Distribution and Assignment Anal 2.1 Develop estimated trip generation projections for the additional cumulative projects within the Project study area and as provided City of San Juan Capistrano. Distribute and assign cumulative project traffic. The additional related projects to be included in the cumulative traffic assessment, based on updated information provided by the City on March 14, 2018, include the following: ❑ Ganahl Lumber — located north of Stonehill Drive at San Juan Creek ❑ Downtown Playhouse Redevelopment — 31776 El Camino Real, southeast corner of Ortega Highway and EI Camino Real ❑ Mission Grill Redevelopment—31721 Camino Capistrano 2.2 Update the "existing plus project plus cumulative (near-term)" traffic volume projections for up to nine (9) key study intersections and eight (8) roadway segments based on added cumulative projects. 2.3 Update the "existing plus project plus buildout (long-term)" traffic volume projections for up to nine (9) key study intersections and eight (8) roadway segments based on added cumulative projects. 9 VJI)IM'1R""sfrcc!llarclopnx•ot i;ui l!!;:n C'.:nenunu5!! \P.\an.i('i.nla:1:('nnu.v!.1uu•ndnenf. 111Lear:od1-U;.22I:f�i'tQ;1-lfn•c:ti:rrpt llecelui.nom tiro lUA](dl]!)'ICInP fOnl!etl Mr. David Contreras LINSIOTT March 22, 2018 LAW Page 4 GREENSPAN Task 3: Project Evaluation and Mitigation Measure Analysis 3.1 Update the AM and PM peak hour Level of Service (LOS) calculations at up to nine (9) key intersections for the following traffic conditions with the addition of added cumulative projects. 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 Highwuv Capacity Manual (HCH) 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 Plus Project Plus Cumulative Traffic Conditions, 2. Scenario (1) With Improvements; if necessary, 3. Existing Plus Project Plus Buildout Traffic Conditions, and 4. Scenario (3) 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. 3.2 Update the peak hour traffic impacts of the Project at the nine (9) 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 ,Tuan Capistrano definition for significant impact. 3.3 Based on this assessment, determine which intersections (if any) will require improvements to mitigate the impacts due to the proposed Project and achieve 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. 10 I., wr.� 111t 1.s 0"',— ::7... 117 M10.14""i"""i lkvvhp ow ti;:n 1U.Capi>":uu.-Volm.a Mr. David Contreras LINSCOTT March 22, 2018 Page 5 GREENSPAN r 3.4 Update the the daily traffic impacts of the Project at up to eight (8) key study roadway segments based on the City's minimurn "C" level-of-service per the General Plan Growth Management Element with the added cumulative projects. Midblock link capacity analyses will be prepared for the following Traffic Impact Scenarios: 1. Existing Plus Project Plus Cumulative Traffic Conditions, 2. Scenario (l) With Improvements; if necessary, 3. Existing Plus Project Plus Buildout Traffic Conditions, and 4. Scenario (3) 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 4: Queuing Analysis 4.1 The updated Queuing analysis will be conducted at the following three (3) intersections using either Vistro 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: 1. Del Obispo Street/Camino Capistrano 2. Del Obispo Street/ Paseo Adelanto 3. Del Obispo Street/Alipaz Street Task 5: Fair-Share Analysis 5.1 Per City Council Policy 111, update the Project's fair-share analysis percentages to determine the Project's responsibility for constructing and/or financing all necessary mitigation measures/improvements. 11 Mr. David Contreras LINSCOTT March 22, 2018 LAW , Page 6 GREENSPAN Task 6: CMP Analysis at Ortega Hiii,,hway between the 1-5 Ramps 6.1 Consistent with the requirements and procedures outlined in the current Orange County Congestion Management Program (CMP), a updated CMP analysis will conducted for the key roadway segment on Ortega Highway between the 1-5 Northbound Ramps and I-5 Southbound Ramps in order to determine if the percentage of Project trips would exceed the "three percent" limit. Task 7: 1-5 Freeway and Ortega Highway Interchange Queueing Anal 7.1 Update the "turn pocket" queuing evaluation for the 1-5 Freeway Off-Ramps at Ortega Highway to determine the minimum required stacking/storage lengths for all off-ramp lanes for Existing Plus Project Plus Cumulative (Year 2020) Traffic Conditions and General Plan Buildout Traffic Conditions. Task 8: Update of the Traff is Impact Analysis Report 8.1 Update the traffic impact analysis report that details all of the above- mentioned items, our analysis, findings and conclusions. The report will be suitably documented with tabular, graphic and appendix materials. The report will be submitted for your review and review by appropriate members of the Project team and City Staff. 8.2 Coordinate with Project team and City Staff regarding questions and comments on the traffic impact analysis report. If necessary, prepare a final report incorporating reasonable comments and edits from Project team and City Staff, in both hard copy and digital formats. 12 S""'IU>n 01"I1m, `,m%In,,:('aJwll, n:iI-APAr:ndC"iameeh Cwuiml-\m-dmo W,ifRrtiicrdl u922-15'•.;;1310111-k"O"slrc•o(Dt-volopnxnl San Juan C'alusuono-Crillml Mr. David Contreras LINSCOTT March 22, 2018 Page 7 GREENSPAN FEE ESTIMATE Current Contract Authorization: $ 67,045.00 Contract Amendment No. 1 Budget Request: $ 6,686.00 Contract Amendment No. 2 Budget Request: $ 4,567.00 Contract Amendment No. 3 Budget Request: $ 14,558.00 Adjusted Contract Amount: $ 92,856.00 Upon return of a fully executed authorization, this service fee and condition shall become a part of the Contract Agreement dated August 24, 2017, except as amended herein. 13 C•.t9r1)21 ki-,w,m Dc;eiopnten r'am Juan Cnpn;u:mn:i I-NPI% Anxndlunu';1 u;22-IN.217t91n- Sal,.1 m,Capmr no-Conto:l An;.rnJw')1 r:_nt .-I;;doc. LINSCOTT,LAW&GREENSPAN,ENGINEERS FEE ESTIMATE-NOVEMBER 1,2008 FEE SCHEDULE JOB NO. 2.17.3910.1-Contract Aniendincul 03 JOB DESCRIPTION:Rlrer Nrrerl Drrelopmcnl.Son.bran Capistrano 22-Mar-18 BILLING 1IOURS flYr%SK TOTAL COST PER TITLE RATE 1 2 3 4 5 6 7 8 9 10 11 12 HOURS TITLE Ill incl al Engineer $252 1 1 1 05 1 6 51,386 Senior 1'F $178 g 1 4 17 $1,026 TE 1 $114 Ent f• 1 2 12 89 $10,146 EA II $113 0 $0 Aide 1 $55 0 $0 I IOVRS PER 9-ASK 1 9 69 8 5 3 1 2 I8 0 0 0 0 112 TOTAL COST $252 $1 N2 $3516 $1,166 $406 $114 $228 $2.584 $0 $0 $0 $0 $14,558 R AB..S RATE/ COST PER ITEM COST 0 OF MILES H OF UNITS ITEM Auto Reimbursement $0535 I 50,00 TO'1'AI.REIMBUR5ABLES $0.1)0 HOF HOF COST PER MARK- NAME DESCRIPTION H OF LOCATIONS H OF PERSONNEL DAYS HOURS MISC I MISC 2 UNIT UP COST Subconsullant A &M and PM Peak Par od Isiltmocuon Counts 0% $0 00 AM and PM Peak Period Intersecnnn Counts. 0% $000 Aecra c Dade Traffic Counts 01/4 $000 Subconsullant B TflffiL Mudcl Ing _ lP/s 5900 TOTA L S1!BCONS l t LTANT COSI' $0.00 TOTAL BUDGET $14,5_$.00 Tasks; I Piolect Coordination 7 I-S Freeway and Ortega Highway Interchange Queueing Analysts 2'I'np Generation,D isinhution and Assignment Analysis 8 Update orthe'frallic Impact Analysis Report 3 Prgtect Evaluation and Mnt8ahon Measure.Analysis 9 4 Quuwng Analysis 10 5 Fan-Shalt Analysis 11 6 CMP Analysts in Ortega Highway between the 1-5 Ramps 12 14 LINSCOTT GREENSPAN Effective November \, 2008 Engineers&Planners TITLE PER HOUR Tmm: n^mponaLion Principals pa,mno Principal Engineer..............................................................................................$ 252.00 Associate Principal Engineer..............................................................................$ 216.00 Wmmon,Law& P| Manager..................................................................................$ 20110 Greenspan,Engineers 2Executive Circle Transportation Engineers Suite 250 Senior Transportation Engineer...................... ...................................................$ 178.00 Irvine,CA9mw Transportation Engineer Dl.--...—........--..---.---------.$ 158.00 949.825.61/5` Transportation Engineer|| ----...---_.......—......--.----.$ 133.00 W,825,6173 ' Transportation Engineer L.—.--^—.-----.............................................$ 114.00 Transportation Planners Pasadena Senior Transportation Planner............................................................................$ 158.00 |w"o Transportation Planner III ----------------~--...------..$ 133.00 San Diego Woodland Hills Transportation Planner D—.------------.—.-----....—.---..$ 114.00 TransportationPlanner L--.-----.---.---- ............................$ 102.00 Technical EngineeringAssociate O ....................................................................................$ 1 )].00 Engineering Associate I......................................................................................$ i09/0 Engineering Computer Analyst|L-----...--....—...—.--...-----.$ 108.00 Engineering Computer Analyst L_—...—..---.--..---.—.—.---..$ 85.00 Senior C&DDDrafter.........................................................................................$ 109.00 CADDDrafter III...............................................................................................$ 102.00 C/\DDDrafter U ......................................................... ......................................$ 90.00 CADQDrafter\..................................................................................................$ 77.00 Senior Engineering 7eohniciun.—....—.—.—.—.—.......—.—.--..—..$ 109.00 Engineering Technician ll..................................................................................$ 102.00 EngineeringTechnician I...................................................................................$ 77.00 WordProcessor/Secretary..................................................................................$ 72.00 Philip wuwcott,PlE'wvwm EngineeringAide l.................. ..........................................................................$ 55.00 Jickmm���m�/ v*m=x Law.peRU, Public Hearing and litigation support may bocharged at |25%o[the base rate. Consultation inconnection with Paul v«pmkinso,PE litigation and Court appearances will be quoted o,pumm|y. John xKeating,PE Project-related mileage will hohiU � zstandard �� mileage rate o*,*xm«"�"",Ev,minvdhy�holRG� Subcontractors and other project-related expenses will bebilled mcost plus 15%. John xxoa=m.pE The above schedule iufb,straight time. Overtime will hocharged m |.5Vtimes the standard hourly rates. ou,owmox-Ja^ue,,E Interim and/or mvomonthlystatements will be presented for completed work. These will hodue and puyoh|v upon m"lhwusao",°o,PE presentation unless prior arrangements are mud,. A finance charge o[|.5Y6may be charged each month vnthe Keil»wmlt'^^PE unpaid balance. Avwm*m,,v° F(R°w 'wp 15 Mr. David Contreras EXHIBIT B LINSCOTT March 22, 2018 Page 7 GREENSPAN ism FEE ESTIMATE Current Contract Authorization: $ 67,045.00 Contract Amendment No. 1 Budget Request: $ 6,686.00 Contract Amendment No. 2 Budget Request: $ 4,567.00 Contract Amendment No. 3 Budtet Request: $ 14,558.00 Adjusted Contract Amount: $ 92,856.00 Upon return of a fully executed authorization, this service fee and condition shall become a part of the Contract Agreement dated August 24, 2017, except as amended herein. Requested by: Approved by: Linscott, Law & Greenspan City of San Juan Capistrano Engineers By: By: Title: Senior Transportation Engineer Title: Date: March 22,2018 Date: 1 N:39()q,2173910-Pi-t Strcet Development_San Juan CapialranoU I-NPA and Canh:rcls.Cantiact Amend—n',43(Revised)-03-22-FS.21739111-River Street Devdopmem.San Juan C'apim.,nu-Conlrncl Amendment n3-(R-'2-1 v dots