18-0403_PLACEWORKS_First Amendment to Professional Services AgreementAMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
1,10117
PLACEWORKS
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as
of this ' K 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
proj ect.
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."
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61147.02100\24464451.1
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $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]
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61 147.02100\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
Signatu
PleOL- • kp'1 5.,�F
Name
Title
Mitt- �7
Date
Page 3 of 3
61147.02100\24464451.1
EXHIBIT A
AMENDMENT NO. 1
PROJECT NO. I SJC-11 I DATE I March 22, 2018
PROJECT NAME I River Street Marketplace
AGREEMENT BETWEEN:
CLIENT
City of San Juan Capistrano
CONSULTANT
PlaceWorks
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.
Tasks
Previous
Contract
Amount
Amount of this
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
IASK
$ 0.00
$ 0.00
$ 0.00
TASK
$ 0.00
$ 0.00
$ 0.00
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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
REPRESENTATIVE
David Contreras
TITLE
Senior Planner
Client's Authorized Representative Date
EXHIBIT B
Task
Scope of Work
cost", _
PlaceWorks will attend seven 1 -hour team meetings to discuss
$1,535
3: Meetings and Public Hearings
project status.
4.1. Visual -Aesthetic Simulation
PlaceWorks will update the view simulations
1,530
Analysis
_
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—Cogstone'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 TOTALmm $15,993
ORIGINAL CONTRACT TOTAL _. $168,239
n
NEW CONTRACT TOTAL $184,232
1. 2 percent of PlaceWorks Labor for Office Expenses.
2. Includes a 10 percent mark-up.
1