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