19-0115_PLACEWORKS_Amd No. 2 to Professional Services Agreement AMENDMENT NO.2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
PLACEWORKS
1. Parties and Date.
This Amendment No. 2 to the Professional Services Agreement is made and entered into as
of this t'Skl^ 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 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 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:
Page 1 of 3
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 $212,681. 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 PLACEWORKS
CITY OF SAN JUAN CAPISTRANO PLACE WORKS
Approved By:
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Signature
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1-2?--/7 Name
Date
Attested By: Title
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Approved As To Form: II
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Page 3 of 3
EXHIBIT A
PLACEWORKS
SERVICE AUTHORIZATION
AMENDMENT NO. 2
PROJECT NO. SJC-11 DATE November 6,2018
PROJECT NAME 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.2 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,as amended on March 22,2018,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$28,449 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 1.PROJECT MANAGEMENT&ADMIN 5,800 5,160 10,960
TASK 3.MEETINGS AND PUBLIC HEARINGS 9,185 4,515 17,700
TASK 4.2.AIR QUALITY AND GHG MODELING&
9,390 3,550 12,940
ANALYSIS
TASK 4.3.NOISE 9,064 250 9,314
TASK 4.6.BIOLOGICAL REPORT(CADRE) 0 1,485 1,485
TASK 6C.SCREENCHECK DRAFT EIR 37,920 10,060 47,980
TASK 6D.PUBLIC DRAFT EIR 4,520 2,900 7,420
REIMBURSABLE EXPENSE(OFFICE EXPENSE) 2,434 529 2,963
TOTAL CONTRACT AMOUNTS $ 184,232 $28,449 $212,681
g] S
CONSULTANT:
CONSULTANT PlaceWorks
STREET ADDRESS 3 MacArthur Place,Suite 1100
CITY STATE AND ZIP Santa Ana,CA 92707
AUTHORIZED
REPRESENTATIVEole Morse,Esq. TITLE Associate Principal
,ct
______V41____
PlaceWork's Authors 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 Principal Planner
REPRESENTATIVE
Client's Authorized Representative Date
Service Authorization I Page 2
EXHIBIT B
Attachment A: Scope of Work
Task Scope of Work Cost
PlaceWorks'project manager will coordinate closely with City staff to
ensure that the EIR and associated technical documents delivered to
the City are legally defensible,accurate,and useful to decision-makers
considering the approval of the Project. (August 2018—March 2019
@3 hours/month).
• This task involves on-going coordination with City staff,
subconsultants, and internal staff, and includes: (1) managing task
scheduling and assignment, management of resources, monitoring of
1:Project Management&Administration costs,and schedule adherence;(2)consultation and coordination with $5,160
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.
3:Meetings and Public Hearings Attendance and preparation at seven(7)additional meetings and 4,515
conference calls.
4.2:Air Quality and GHG Modeling and The air quality and GHG emissions CaIEE Mod modeling and analysis
Analysis was updated to take account for changes in grading quantities, haul 3,550
trips,and phasing._
4.3:Noise The noise analysis was updated with revised construction thresholds. 250
Cadre Environmental prepared a biological resources technical
4.6: Biological Report(Cadre)' memorandum on July 30th,2018 and a FESA compliance assessment 1,485
technical memorandum on July 3,2018 for River Street Marketplace.
PlaceWorks prepared the screencheck Draft EIR;submitted sections as
they became available;reviewed and incorporated 3-4 rounds of
6C:Screencheck Draft EIR comments for each EIR section,as they became available.Additional 10,060
staff time was included to respond comments related to the
hydrology;HRAR and incorEoration of the TIA.
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
6D:Public Draft EIR version,we will prepare a Notice of Availability 2,900
(NOA). The NOA will provide a summary of the project description
and an explanation of the scope of issues
included in the Draft EIR.
Reimbursable Expense Office Expense(2%of PW Labor) 529
Contract Amendment No.2 $28,449
Contract Amendment No.1 $15,993
Original Contract Total SI 68,239
New Contract Total $212,681
1. Includes a 10 percent mark-up.