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19-0115_LG2WB ENGINEERS, INC._Amd No. 2 to Professional Services Agreement AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LG2WB ENGINEERS, INC. 1. Parties and Date. This Amendment No. 2 to the Professional Services Agreement is made and entered into as of this (5'4 day of January, 2019, 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 No. 1. On April 3, 2018, the City and Consultant entered into Amendment No. 1 to the Agreement(Amendment No. 1) to revise the scope of services and increase the not-to-exceed compensation amount. 2.3 Amendment Purpose. The City and Consultant now 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. 2 is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Sections 1 and 3 of the Agreement are hereby amended in their entirety to read as follows: 1. Services. Page 1 of 3 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 $117,172. 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.2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2,whenever the term "Agreement"appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 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. 2. 3.4 Severability. If any portion of this Amendment No. 2 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 SIGNATURE PAGE FOR AMENDMENT NO.2 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, ,..�. ENGINEER Benj n S,� / , C' Manag r P ' m Alt ci (-23-7 Signature r Date Richard E. Barretto, P.E. Attest By:' 1 f Name �� ,�,r Principal Ma ' orris, Ci'� Clerk Title Approv d As To Forrm:� ae--e- January 16, 2019 5: a Date City orney C Page 3 of 3 EXHIBIT A LINSCOTT LAW & GREENSPAN engineers December 13,2018 Engineers&Planners Traffic Transportation Parking Mr. David Contreras Development Services Department Linscott,Law& City of San Juan Capistrano Greenspan,Engineers 32400 Paseo Adelanto 2 Executive Circle San Juan Capistrano, CA 92675 Suite 250 Irvine,CA 92614 949.825.6175 T LLG Reference: 2.17.3910.1 949.825.6173 r www.11gengineers.com Subject: Attached Contract Amendment Request No. 4 (#2 for SJC) River Street Development Pasadena San Juan Capistrano, California Irvine San Diego Woodland Hills Dear Mr. Contreras: Linscott, Law & Greenspan, Engineers (LLG) is submitting the attached Revised Contract Amendment Request No. 4 (#2 for SJC) related to the River Street Development project (hereinafter referred to as Project) in the City of San Juan Capistrano, California. This Contract Amendment is to update the Traffic Impact Analysis report based on the Project team and City Staff comments, providing response to comments, review of the traffic section of the DEIR, additional meetings and ongoing support. Please note that this contract amendment will also replenish the budget for the public hearings that have already been utilized for the report updates and Project team support. The proposed Project site is generally located north of Del Obispo Street, east of Paseo Adelanto, and west of Los Rios Street. The Project site is located within the previously approved Los Rios Specific Plan area and will require an amendment of the Specific Plan. The proposed Project includes the development of five commercial buildings with a total building floor area of 64,900 square-feet (SF) consisting of a various mix of retail, restaurant, office and health/fitness club uses. The Project will Philip M.Linscott,PE 11924-26001 have a parking supply of approximately 292 on-site parking spaces (+/-5%). In Jack M.Greenspan,PE(Betl addition, depending which of the two design options are ultimately selected, the William A Law,PE IBa Paul W.Wilkinson,PE Project may include parking along Paseo Adelanto, along the Project frontage and John P Keating,PE construct diagonal on-street parking spaces in place of on-street parallel parking. David S.Shender,PE Access to the Project site will be provided via a driveway on Paseo Adelanto and a John A.Boarman,PE driveway on Los Rios Street. Please note that emergency access will be provided via Clare M•Look-Jaeger,PE Richard E.Barretto,PE Keil D.Maberry,PE An LG2WB Company Founded 1966 Mr. David Contreras L I N S C O T T December 13, 2018 LAW & Paget GREENSPAN engineers River Street. The proposed Project is anticipated to be completed and occupied by Year 2020. The attached Contract Amendment Request No. 4 (#2 for SJC) form refers to our original contract dated August 24, 2017, such that all terms and conditions agreed to in that document will continue to apply except as amended herein. If you concur, please countersign the original form and return it to our office. If you have any questions, please call. Sincerely, Linscott,Law&Greenspan, Engineers Zawwar Saiyed, P.E. Senior Transportation Engineer Attachment N:\3900\2173910-River Street Development,San Juan Capistrano\II-NPA and Contracts\Contract Amendments\#4(Revised)(#2 for SJC)-12-13-18\2173910-River Street Development,San Juan Capistrano-Contract Amendment#4(#2 for SJC)-12-13-18.docx Mr. David Contreras Li N S C O T T December 13,2018 LAW & Page 3 GREENSPAN engineers 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 Coordinated extensively and provided support, via emails and conference calls, to City staff and Project team in regards to TIA report update which included the items below: • Discussion on the Daily V/C Ratio analyses for the Del Obispo Street roadway segment (between Camino Capistrano and Alipaz Street). Update text, tables and footnotes. • Discussion regarding improvements to Paseo Adelanto, along the Project frontage. • Addition of Existing Public Transit section • Addition of Existing Bicycle Facilities section • Discussion of the two (2) options for improvements on Paseo Adelanto to accommodate the recommended dual eastbound left-turn lanes on Del Obispo Street via the provision of two (departure) northbound receiving lanes on Paseo Adelanto. • Incorporate updated site plan in TIA report • Discussion regarding the Project's request for improvements within Orange County Flood Control right-of-way. • Removal of the Neighborhood Cut-Through Intrusion Analysis section • Parking Analysis section update Task 2 Based on comments from the City staff and Project team and items listed above,updated the traffic impact analysis report four times,that detailed all of the above-mentioned items, our analysis, findings and conclusions. The N:'3900\2173910-River Street Development,San Juan Capistrano\II-NPA and Contracts\Contract Amendments\#4(Revised)(#2 for SJC)-12-13-18\21739l0-River Street Development,San Juan Capistrano-Contract Amendment#4(#2 for SJC)-12-13-18.docx Mr. David Contreras L I N S C O T T December 13, 2018 LAW & Page 4 GREENSPAN engineers reports were suitably documented with tabular, graphic and appendix materials. The reports were submitted for your review by appropriate members of the Project team and City Staff on May 9, 2018, May 29, 2018, June 13, 2018 and June 27,2018. Task 3 Provision for support to City staff and Project team for ongoing efforts (10 hours of Senior Transportation Engineer support are allocated for this task). Task 4 Based on anticipated comments from the City staff and Project team, the traffic impact analysis report will be updated accordingly, that will detail all additional comments items, our analysis, findings and conclusions. The updated report will be suitably documented with tabular, graphic and appendix materials. The updated report will be submitted for review by appropriate members of the Project team and City Staff. Task 5 Review the DEIR Traffic/Transportation section for accuracy and consistency with the Traffic Impact Analysis Report and provide comments, accordingly (8 hours of Senior Transportation Engineer support and 2 hours of Principal Engineer support is allocated for this task). Task 6 Prepare and submit written responses to traffic-related comments received at public hearings on the Project and comments on the Traffic Section of the DEIR during the public review process. Update the responses, if necessary based on City and/or Project team comments and submit final written responses for inclusion in the Final DEIR (16 hours of Senior Transportation Engineer support and 4 hours of Principal Engineer support is allocated for this task). Task 7 This proposal assumes preparation for and attendance by LLG 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 N:\3900\2 173910-River Street Development,San Juan Capistrano\l 1-NPA and Contracts\Contract Amendments\#4(Revised)(#2 for SJC)-12-13=18\2173910-River Street Development,San Juan Capistrano-Contract Amendment#4(#2 for SJC)-12-13-18.docx Mr. David Contreras LI N SCOTT December 13, 2018 LAW & Page 5 EXHIBIT B GREENSPAN engineers FEE ESTIMATE Current Contract Authorization: $ 67,045.00 SJC Contract Amendment No. 1 (LLG#1, #2, #3) Budget Request: $ 25,811.00 LLG Contract Amendment No. 1 Budget Request: $ 6,686.00 LLG Contract Amendment No. 2 Budget Request: $4,567.00 LLG Contract Amendment No. 3 Budget Request: $ 14,558.00 SJC Contract Amendment No. 2 (LLG#4) Budget Request: $ 28,607.00 15% Reduction: - $4,291.00 Adjusted Contract Amount: $ 117,172.00 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: December 13,2018 Date: N:\3900\2173910-River Street Development,San Juan Capistrano\II-NPA and Contracts\Contract AmendmentsV#4(Revised)(#2 for SJC)-12-13-18\2173910-River Street Development,San Juan Capistrano-Contract Amendment#4(#2 for SJC)-12-13-18.docx LINSCOTT LINSCOTT,LAW&GREENSPAN,ENGINEERS LAW& FEE ESTIMATE-NOVEMBER 1,2008 FEE SCHEDULE GREENSPAN engineers JOB NO. 2.17.3910.1-Contract Amendment#4(#2 for SJC) JOB DESCRIPTION:River Street Development,San Juan Capistrano 13-Dec-18 BILLING 1100 RS BY TASK TOTAL COST PER TITLE RATE 1 2 3 4 5 6 7 8 9 10 11 12 IIOI'RS TITLE Principal Enginecr $252 12 8 _ _ 1 17.5 .3. $11,466 Senior TE $178 8 16 I6 6 16 66 $11,748 TEI $114 16 22 38 $4,332 EA 11 $113 8 8 $904 Aide 1 $55 0 $0 HOURS PER TASK 36 54 10 10 10 20 17.5 0 0 0 0 0 158 TOTAL CO6T 56,272 $8,276 $1,780 $1,928 $1.928 $3,856 $4,410 a0 SO SO SO SO $28,450 $14,548 REIMBURSABLES RATE/ COST PER ITEM COST #OF MILES #OF UNITS ITEM Auto Reimbursement $0.535 294 1 5157.00 TOTAL REIMBURSABLES $157.00 SUBCONSULTANTS 6 OP h 06 (OST PER MARK- NArIE DESCRIPTION #OF LOCATIONS #OF PERSONNEL 1)6)6 1101 NS MIS( 1 611542 UNIT UP COST Subconsultant A AM and PM Peak Period Intersection Counts 0% $0.00 AM and PM Peak Period Intersection Counts 0% $0.00 Average Daily Traffic Counts 0% $0.00 Subconsultant B Traffic Modeling 0% $0.00 101 61.St It(0681 1 1161(061 $0.00 TOTAL BUDGET $28,607.00 15%REDUCTION -$4,291.00 , FINAL TOTAL BUDGET $24,316.00