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19-0115_PLACEWORKS_E12_Agenda Report WAN't.� 1/1512019 At 12 S S11 11 City of San Juan Capistrano Agenda Report TO Honorable Mayor and Members of the City Council FROM: ' enjamin Siegel, City Manager SUBMITTED BY: Joel Rojas, Development Services Directa PREPARED BY: David Contreras, Principal Planner DATE: January 15, 2019 SUBJECT: Second Amendment to the Professional Services Agreement with Placeworks for the Preparation of an Environmental Document Pursuant to the California Environmental Quality Act (CEQA), and Second Amendment to the Professional Services Agreement with Linscott, Law & Greenspan, Engineers, for the Preparation of a Traffic Impact Analysis (TIA), both related to the Proposed River Street Project (Dan Almquist, Frontier Real Estate Investments). RECOMMENDATION- 1 - ECOMMENDATION:1 - Approve and authorize the City Manager to execute Amendment No. 2 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 $212,681 , to be funded by the applicant. 2. Approve and authorize the City Manager to execute Amendment No. 2 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 $117,172, to be funded by the applicant. DISCUSSION/ANALYSIS, On November 7, 2017, the City and Placeworks entered into a Professional Services Agreement (Attachment 1) for the preparation of an environmental document for the proposed River Street project, at a cost not-to-exceed $168,239. It was subsequently determined that the appropriate environmental document for the project would be an Environmental Impact Report (EIR). The EIR is currently being prepared and is expected to be ready for public review and comment this month. City Council Agenda Report January 15, 2019 Page 2 of 3 On November 7, 2017, the City also entered into a Professional Services Agreement with Linscott, Law & Greenspan, Engineers (Attachment 2) for the preparation of a Traffic Impact Analysis (TIA) for the River Street project, at a cost not-to-exceed $67,045. On April 3, 2018, the City Council approved and authorized the City Manager to execute Amendment No.1 to the Professional Services Agreements with Placeworks and Linscott, Law & Greenspan, Engineers. Amendment No-1 was executed due to the need for additional technical analysis, such as updated view simulations, archeological testing, updated noise analysis, and traffic generation, along with the need for additional coordination meetings. Amendment No. 1 increased the cost of Placeworks' scope of work from $168,239 to $184,232 and increased the cost of Linscott, Law & Greenspan's scope of work from $57,045 to $92,856. Preparation of the project EIR has necessitated additional technical tasks, such as additional biological assessments, an updated noise analysis and updated trip generation calculations, as well as additional coordination meetings. As a result, a second amendment to the Professional Services Agreements with Placeworks and Linscott, Law & Greenspan, Engineers has become necessary. In order to complete the EIR, Amendment No. 2 to the Agreement with Placeworks is required in the amount of$28,449 (Attachment 3), which would increase the cost of the scope of work from $184,232 to $212,681. In order to complete the TIA, Amendment No. 2 to the Agreement with Linscott, Law & Greenspan is required in the amount of $24,316 (Attachment 4), which would increase the cost of the scope of work from $92,856 to $117,172. The project Applicant is in agreement with these proposed amendments. FISCAL IMPACT: There is no fiscal impact to the City. The environmental review and traffic analysis 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 Professional Services Agreements 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 April 3, 2018, the City Council approved and authorized the City Manager to execute Amendment No.1 to the Professional Services Agreements with Placeworks and Linscott, Law & Greenspan, Engineers. City Council Agenda Report January 15, 2019 Page 3of3 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 Ali-nquist Placeworks Linscott, Law & Greenspan, Engineers Property Owners within the Los Rios Specific Plan Interested Parties Notification List ATTACHMENT(S}: Attachment 1 — 2017 PSA and Amendment No.1— Placeworks Attachment 2—2017 PSA and Amendment No.1 -- Linscott, Law& Greenspan, Engineers Attachment 3 —Amendment No. 2. Placeworks PSA Attachment 4 —Amendment No. 2, Linscott, Law & Greenspan, Engineers PSA CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of Yj , 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) 15-403, 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 shaii the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $158,239. 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 Milling basis. 1 ATTACHMENT 1 3 Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with tine other party indicate that a change is warranted, it shall be processed III 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. 5. 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 tocai 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. Assipnn7ent and Subconsuitant 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 cf 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 (Z) Personal Injury/Advertising Injury (3) PremiseslOperations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (0) 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 riot 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. G. Workers' Compensation/Employe_r'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 Employef'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 Gm+scions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or terrors 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 insures duty to defend, e. Mimmum 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,+30(] 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 lnsured 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 (of 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, of qualified representative of the insurer and shalt 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 (1 fly nays 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 certificates) 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 foss. (iii) The retroactive dale (if any) of each policy is to be no later than the effective nate 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 ttie 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 sander other provisions of the Agreement or law. h. Qualifying I11sur_ers (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 AMI 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. (0) 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. (ivy Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising unifier or by virtue of this Agreement. j. Subconsultant Insurance Reguirernents. 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 limils 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 shalt 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 Obligation . 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 foi 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 there 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. C'alhfoinia, Labor Code Re ulrements. 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 fates and the performance of other requirements on certain "public works" and "maintenance" projects. if the services are being performed as part of an applicable "pfsblic 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 Fold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of ally 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 subconsuitants, as applicable. This Project may also be subject to compliance monitoring and enforcement by [fie 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 stale and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1086, as may be amended from time to time, and shalt 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 Ter rnination or Abandon menI a. City has the right to terminate or abandon any portion or ail 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 shalt 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 (36) calendar days' written notice to City only in the event of substantia{ faiiure 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, ail original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shalt, 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 32406 Paseo Adelanto 3 MacArthur Place, Suite 1100 San Juan Capistrano, CA 92675 Santa Ana, CA 92707 Attn: David Contreras, Senior Planner Attm Nicole Morse, Associate Principal and shalt 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. Ettuai 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 Assgns 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 snail be invalid and void. 26. Eon-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specificaIiy 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 gay any 10 cunipany or person, other than a bona fide employee working solely far 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 Agfeement, 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 ❑N 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 Placewarks By: C By: �a= �n Sie I City' neger Its _ G Printed Name-. l�dJ�_ I1raA r ATTEST- By: 'ty r APPROVED AS TO FORM; B'Y #y Aftomey 12 + `.M '� +��w� .vim..• . � __ =� pr7��.. - - ES.- Environmental and Services Proposed River Street Marketplace SUBMITTED TOs1-SAN JUAN CAPISTRANO, DEVELOPMENT SERVICES DEPARTMENT I OCTOBER 24,2017 Wj PLACEWORKS �` "�}•••.r�• • �' - �'.. .fir Y!• ��. � '�•,. �, ,� `I�+ R.. � ;�,'{. I � ;+�r• . _�� •moi• '• �.I'.�?S/,�n 7R^ �- �.. .. • ■ lr �i�{su i+{areWC►4�s f t ��� p'{I PROPOSAL FOR CEQA SERVICES: Environmental and Technical Services for the Proposed Rimer Street Marketplace SUBMITTED TO:CITY OF SAN JUAN CAMSTRANO, 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 PLACEWORKS 714.956.9220 1 nmorse@placeworks.com PLACEWORKS.COM PLACE'I ORKS October 24,2017 Mr. David Contreras Senior Planner City of San Juan Capistrano Development Services Department 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Trans rnittoI vin Email;dcontreras@son]uancapistrano.org Subject. Proposal to Provide Environmental and Technical Services on the River Street Marketplace Project,City of San Juan Capistrano(P2017-08245) Lear Mr,Contreras: Thank you for the opportunity to propose our environmental services and expertise to bring about the successful completion of the California Environmental Quallty Act (CEO.A) 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 environment-al issues facing the project, its context within the community, and the essential elements needed to effectively process CFQA components.Please review our general methodology and approach to understand how we addressed this project. Dur fn-house legal counsel,Nicale 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 El (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 Sari Clemente Centennial General Plan UR(addressing compatibility of new land uses with 5 buildings on the National Register of Historic Places(NR HP), 22 local landmarks,and several other historic propertfes); the Pasadena General Plan EIR(addressing compatibility of new land uses with over 1,000 buildings on the NRNP, 11 historic districts,and 17 local landmark districts);and the Crown City Medical Center Elft(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 SpectfIc Plan(SP 78 01)adjacent to the Los Rios National Historic District.Site access is provided by Las 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(tall and horseshoe court,and vegetable garden for farm-to-table inspired dining.The proposed Project will provide 289 parking spaces. i NJ.ia.Arthiir f'l,nra, L,1irr-• i li.lff I 1,,11ir,1 i\tia, CAlifornia W its 7 j 7 1 A 166 rQ20 1 Pl i�:eWc)0"„,r, PLACEWORKS Project Implementation requires City Council approval of a Code Amendment (CA 16-003) to the Los Rios Specific Pian (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 16-0377. POTENTIAL AREAS OF ENVIRONMENTAL CONCERN Potential areas of environmental concern associated with the proposed Project that wilt 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 93001216), 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 d istrict/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 tong-tern, on adjacent residents and Inusinesses 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 Las 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 vocalised their concerns at public hearings and through social media. The primary purpose of the CECiA document is to inform the public and decision-makers of the environmental Impacts associated with ail 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(substantlal evidence).The CEQA 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 (LIR), or Full-scope Project EIR.included in our scope of work is a specialized report to analyze the Project's potential Imoacts to the Los Rias National Historic District and nearby historical resources.Once the results of the technical reports are known,a determination will he 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 rnost 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. 01,1060 Z4,Aa r I FIAGE 2 PLACEWORKS TEAM BACKGROUND AND EXPERIENCE PiaceWorks 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 pians 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 Marie Teague, AICP, Associate Principal, as an advisor, Providing continuity in the CEQA analysis, public presentations, and correspondence. Jorge Fstrada,Senior Associate, will act as assistant project manager. Nicole Vermilion,Associate Principal and Director of Air Qualitv/GHG & Nolse 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 chent- centric c.onsutting 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 lnterfor's Professional Qualifcotion Standards for Historic Preservo tion Professionals In the disciplines of History,Architectural History,and Archaeology,as well as the expanded draft Professionoi 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 histary of (glace and rhe 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 20D1 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 Archraeciogy and Historic Prieservatfon, and are well versed in the compliance requirements for federal,state,and local regulations,including CFQA,NEPA,Section 106 of the NHPA,NAGP RA,SB 18 and AB 52. We greatly appreciate ttsis 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 9D days from the time of submittal (and may be extended an additional 60 days upon request). As Associate Principal, t am authorized to bind PlaceWorks and the project team to the contents of this proposal. Respectfully submitted, PIAWdaPrincfpal `� Nisq. As October 74,2017 1 Page 3 Corte{ its TRANSMITTAL LETTER ..................................................................................... 1 1 . WORK SCOPE......................................................................I..................... 5 Project Management, Meetings, and Public Hearings........................................... .......... ... .. ..............5 TechnicalStudies....,................................................,.................................................................................5 CEQADocumentation................. ,,......,..,................,......................................,........................................1Q CertificationDocuments.........................................................................................................................13 2. SIMILAR PROJECT EXPERIENCE ............................................................. 15 PlaceWorks..................................... ,, ...........................................,..........................,,..,..,..,.................... 15 Urbana Preservation&Planning........................... ................................................................................17 Cogstone Resource Management....-,........................................... ........................ ...... ............ 18 3. PROJECT MANAGER RESUME ............................................................... 19 4. PROJECT SCHEDULE ............................................................................... 21 5. PROJECT BUDGET ................................................................................... 23 PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS i This page intentionally left blank. 6 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARK=TPLACE I . + Y it 1 i# ' 6". 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 servires and that we will be responsible for each step of the LEGA 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 coardi nate closely with City staff to ensure that the Initial Study/MND and/or El 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 Protect,not only to stream hne the CE UA 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 CECtA and the City's adopted Environmental Review Guidelines; and (5) representing the consultant learn 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 5chedule, 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 tollow up with meeting minutes. Deliverable(s): Meeting agenda and minutes TASK 3.MEETING5 AND PUBLIC HEARINGS PlaceWorks'princl pa 1-1 n-charge,advisor,and assistant project manager will attend tip 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 four public hearings,Additional meeting attendance by PlaceWorks staff PROP DSAL FOR ENVIRgIJMENTAL ANO TEC HN ICAi.5FIR VICES 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. Deliveroble(s]: Up to three project statu5lupdate meetings with City staff Up to four public hearings(two Planning Commission and two City Council) TECHNICAL STUDIES Rased 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 he included as appendices to the lnitlal 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) • rree Survey to accompany the Tree Removal Permit • Native American Consultation Notes.and Correspondence pursuant to AB 52 and SS 1$ • Phase I Environmental Site Assessment • Preliminary Water quality Management Plan and Hydrology Report ■ Preliminary Geotechnical Evaluation Report • Infrastructure Report(Sewer and Water) • 1 rafflc Impact Analysis PlaceWorks will prepare or provide the technical analyses and studies outlined below (Tasks 41 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 Elft. Delivemble(s): Visual simulations,to be included as exhibits in the Initial Study and/or FIR TASK 4.2 AER QUALITY ANIS GREENHOUSE GAS EMISSIONS ANALYSES(PLACEWORKS) PlaceWorks will prepare an air quality and greenhouse gas (GING) 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 (SCACLMI]). Modeling of criteria air pollutant emissions and GHG emissions will be conducted using the latest California Emissions Estimator Model(Ca IEEMod) 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 STREEI MARKETPLtACE each construction subphase, anticipated equipment for each subphase, and estimated demolition volumes and eartf+wcark of appllcabie), as provided by the projett applicant. Where information is unavailable, PlaceWorks will use CalEEMod 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 localised 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 protect appllcant'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 CaIEEMod 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 Consistehcy The GHG section will discuss the GHG reduction goals of Assembly Bill 32(AB 32),5enate Bill 32(SB 32),and SB 375. To achieve the GIIG reduction targets of AB 32,the California Air Resources Board prepared the 2008 Scoping Plan and a 701.4 update and recently released a draft of the 2017 Climate Change Scoping Plan Update to achieve the S8 32 reduction target. In addition, the Southern California Association of Governments has adopted a regional transportation plan/sustainable communities' strategy (2015-1040 RTP/SCS) to ensure that the southern California region can attain the regional transportation-related GHG reduction goals of SB 37S.Project consfstency with these statewide and regional GHG emiss+ons reduction strategies will be reviewed. Other Areas of Impact The South Coast Air Basin (SoCABI is currently designated nonattainment under the National and/or California ambient air quality standards (AAQ5) for ozone (Ox), fine inhalable particulate matter (PM2,$), coarse inhalable particulate matter(PMro),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 AAQ5. The analysis will include a consistency evaluation of the Project's regional emissions to SCAQMD's AQMP. Furthermore, the SoCA8 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 SFRVICES 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 wiil 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[39991)for informational purposes,per the C81A v BAAQMD ruiing (December 2015). Mitigation measures to reduce noise and vibration impacts will be recommended,as necessary,to reduce potential impacts to less than significant levels. Deliverable(s): Noise and vibrai ion modelhig data and technical information,to be included as an appendix to the InitialStudy and/or El TASK 4.4 HISTORICAL RESOURCE ANALYSIS REPORT(URBANA) Urbana has been included on the consultant team to prepare a Historical Resource Analysis Report(H RAR), 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 vfsual 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 Oirertories,newspaper articles,local history publications and previously prepared technical studies on file at the City of San loan Capistrano. Urbana wilt 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 SPR 523 A (Primary Record), B (Building,Structure,Dbject Record),and L(Continuation Sheet)forms, Urbana will assign CRHR status codes to each documented and evaluated property to inform project revsewers of each property's historical resource status. Findings will be summarized in a survey summary table. Urbana will a]5u 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 conciusians on whether historical resources are present within the proposed Project area/ARI boundaries. Using photo simulations, architectural drawings, and site pians provided to Urbana, Urbana will analyze the visual and spatiai qualities of the proposed Project to inform the City's Architectural and Site Plan Review Process, and to provide a determ+naLion 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 CAFISTRANO I RIVER STREF1 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 calll at a project kick•oft 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 Wtial Study and/or E I R Meeting Attendance-up to one kirk-off meeting,three project status meetings,and four public hearings TASK 4.5 CULTURAL RESOURCES REPORT(COGSTONE) Cogstone has been includ+?d on the consultant team to prepare a cultural resources technical report in compliance with CEt7A and City Council Policy 6191.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 wIH conduct a records search at the South Central Coastal Information Center (SCCIC)at California State Univers+ty,Fullerton,fora 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 5acred i.ands File search fi-om the Native American Heritage Commission and will also assist the City in meeting AB S? and Sts 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 wilt 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. Deliveroble(s): Cultural resources technical report,to be included as an appendix to the initial Study and/or EER PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS Y CEQA DOCUMENTATION TASK 5.5CRE ENCHECK[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 rhe 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 Qua4ity ■ Fosse ■ 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 foreach environmental topic checklist question to conclude; 1) no impacts, 2) impacts will be less than significant, 2) 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 CECA(California Public Resources Code,sections 21000 et seq.), State CEQA Guidelines (California Code of Regulations, sections ]5000 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 FIR with similar types of projects Include air quality, GHG emissions, historical resources,noise(construction-related), and/or transportatlonAraffic. 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 FIR is provided in Tasks 58 through 60 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 he necessary. Modification to the scope of work, budget, and time frame may be necessary if additional screencheck reviews are required. Dellveroble(s): Screencheck Draft InitW Study,including technical appendices(digital in both PDF and MS Word,and 2 hard copies) 16 CITY Of SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE TASK 6. PREPARATION OF MIND(TASK 6A)OR EIR(TASKS 6B-6D,9) If it is determined,pursuant to CEQA Guidelines 5ectfon 15070,that there is no substantial evider,cE 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 Lhere is substantial evidence that the Project may result in a significant effect on the environment,then an HK will be required. In this case,the initial Study would be distributed with a Notice of Prepararon and an CIR will be prepared Tasks 6A and Tasks 68 through 60 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/vers!on 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 (NOf) 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 N 0 on the City's website. Deliverobfe(s): Public draft Initial Study,including technical appendices(digital in both PDF arsd M5 Word and 3 hard copies) File NOi with County Clerk,including associated filing fees (OPTIONAL EIR TASK)—TASK 68. 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 EER.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 Initlal 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 responsib{e 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 wilt 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/NCP, 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 7 hard copies) File NCP with County Cl",including associated filing fees Prepare materials for and conduct a scoping meeting PROPOSAL FOR ENVIRONMENTAL AND TECHNICALSERVICES I PLACEWORKS I I (OPTIONAL.El TASK --TASK 6C.SCREENCNECK DRAFT El PlaceWorks will prepare a project-level EIR in accordance with Section 15151 of the CEQA Guidelines.in accordance with Section 15151, 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 he 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 FIR, 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 FIR will include: ■ Executive Summary ■ Introduction • Project❑escrlption • Environmental Setting " Environmental Topical Sections,to Include Existing Conditions and Regulatory 5etting,Thresholds of Significance, Environmental Impact Assessment/Analysis,and Mitigation Measures(as needed) = Alternatives to the Project = OtherCECtA-Mandated Sections fe.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 Ora ft El by City staff will be necessary. Modification to the scope of work, budget, and time frame may be necessary if additional reviews are required. Delfveroble(s).: screencheck Draft LIR,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 FIR as the public draft version, we wilt prepare a Notice of Availability (NOA). The NDA 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 far 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 NDA to the State Clearinghouse, County Clerk,responsible and trustee agencies,and other special interest groups and individuals identifled on a distribution list to be developed in consultation with the Gty. It is assumed that the City will be responsible for all newspaper notices and site postings, and If necessary,wilt post the Initial Study on the City's website. Delfvemble(s): Pubilc Draft EIR, inctudirig technicaI appendices(50 CDs and 3 hard copies) 12 CiTY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE File NCA-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 ail CE QA related comments are adequately addressed in writing. PlaceWorks will prepare responses to public comments received either during the d0-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 wilt focus on comments that address the adequacy of the environmental document. Comments that do not address the CEQA adequacy will be noted as such and no further response will be provided, unless deemed necessary by City staff, Pfaceworks 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 receivedfrom 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 it additional screencheck reviews are required.Upon acceptance of the document, Place Works will reproduce and distribute the Response to Comments to the commenting agencies a minimum of 10 days prior to the public hearings. Dehverablels)., screencheck and Hnat Response to Comments document(digital in both PDF and M5 Word;25 CDs and 5 hard copiesl TASKS.MITIGATION MONITORING AND REPORTING PROGRAM PlaceWorks will prepare a Mitigation Monitoring and Reporting Program (MMRP) based an mitigation measures identified in the Initial Study/MND or EIR and pursuant to Section 21081.5 of the CEQA Public Resources Code,The MMRP will be defined through working with City staff tQ identify appropriate monitoring steps/procedures in order to provide a basis for monitoring such measures during and upon Protect implementation.It will be in standard City format and witl identify thv significant impacts that would result from the proposed Project; proposed mitigation measures for each impact;the timing at which the measures will need Lo 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 submittai of the Response to Comments(see Task 7), Deliverable(s); Screencheck and Final MMRP(digital in bath PDF and M4 Wordy PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS i_: (OPTIONAL 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 can out a project Far which an EIR has been completed that identifies ane 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 resolutions)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, Delrverable(S): Findings of Fact/Statement of Overriding Considerations(digital in bath 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. Defiverable(s): Ue NOD with State Clearinghouse and County Clerk,including associated filing fees 14 CITY OF SAN JUAN CAPISTRANO i RivFR STREET MARKETPLACE PLACEWQRKS 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 1D2 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 wlthin the Historic Town Center. OlentContact: 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 farm-based code to allow for the development of a hotel and 33 Lownhouse-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 Bulid ing. Client Contact: William Ramsey,AiCP(formerly with City of San Juan Capistrano),Assistant Development Services Director 949-533.2219 Dates of Service: 11/2013-09/2D14 HISTORIC TOWN CENTER MASTER PLAN EIR* City of San Juan Capistrano I San Juarr 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 Farm 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, 35,853 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(wafkability,transit,and multimodal design) Client Contact: William Ramsey,A I C P(formerly with City of 5 a n:uan Capistrano),Assistant DeveIaprnent Services Director 949.533.2219 Dates of Service: 2011-2012 'Nnte,ThA projerr wo,led by PlnreWorks'Nirnie Morse in 7011-2022,while employed by another consuking firm. PROPO5AEFOIR ENVIRONMENTAL ANOTEC HNICALSER VICES I FLACEWORKS t, 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 EIR.The general plan builds on seven guiding principles to conserve the city's historic high level of ereand neighbofhoocis and districts and target Infill in its downtown and around transithe knowledge in the planning stations. It reinforces transformations that have occurred during the past decade and development ofthe with with Inh1I mixed-use and housing development, pedestrian-oriented streets, and the !n ,we collaboration dfo sustainable development practices, the['lty,we conducted four 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 CEQA process,Program residents and business people participated in stakeholder meetings, public EIRs,and future tiering workshops, advisory committee meetings, and online and administered surveys. opportunitr'es. A 3-day charrette provided a forum for intensive public discussion of options For the future,facilitated by the use of 3❑imagery to enable participants to visualize their implications on physical form and corn munity 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 strategl2ed with dty staff on the scope of the upcoming General Pian EIR after receiving input from all city departments and community stakeholders. Client Contact: Stephanie DeWolfe.Deputy ilrector of Planning,676.744.7143,sdewolfe@cityofpasadena.nat Dates of Service: 0912010-W/2013 CROWN CITY MEf3ICALCENTER 5U 05EQUENT EIR City of Pasadena I Pasadena,California I he Crown City Medicat 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 Nationa# 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 approxitnately 14 feet, whch was found to enhance pedestrian connectivity and preserve the existing street trees along Madison Avenue and Colorado Boulevard, Client Contact: David Sinctair,LLED AP,Planner..626.744.6766,dsinclair@dtyofpasadena(let Dates of Service; 4512012 0$12013 SAN CLEMENTE GENERAL PLAN EIR City of San Clemente I San Clemente,California The general pian presented an opportunity to refine the community's vision, building on its heritage as Lne 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.Geographlcally 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 corn mlttee and several public workshops. In addition,PlaceWorks'senior economist met with business and properly owners from major business centers and Saddleback Memorial IIaspltaI to identify strategies for retaining 16 CITY OF SAN JUAN CAPISTRANO 1 RVER STREET MARKETPLACE and attracting new businesses to San Clemente, Land use concepts were developed with public support following extensive study of fiscal and econom}c 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 Perhlous(Ferrnerly with City of Sari Clemente),Assistant Community Development Director, 9.49.497.6320,jpechous@Iagunabeachclty.net Dates of Service: 2012-2013 URBANA PRESERVATION & PLANNING THIRD AVENUE COMMUNITY C14ARACTER+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 budding and business owners in the deslgn 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 of 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 teatu res 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 .1967, 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 HAILS 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 Llbrary 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,619.6157.1196 Dates of Service:2015-2016 A5-NEEDED HISTORIC PRESERVATION CONSULTING Clty of San Diego,CA Linder 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 FOP ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 17 the Sally Wong Building and the associated Laughlin/ Lingo building black 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 Barth Park,the RDA was dissolved on February 1,7012 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 far compliance with The Secretory 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 cancern client Contact:Eliana 8arreiros,Project Manager,Redeve ioprnent Agency,619.533,6510,ebarreiros@sandiego.gov Dates of Service:2009.2012 CCGSTONE RESOURCE MANAGEMENT HISTORIC TOWN CENTER MASTER PLAN PROGRAM EIR San Juan Capistrano,G4 cogstane conducted an intensive4evel pedestrian survey and assessment to determine the potential effects on cultural resources of potential changes Lo the Historic.Town Center Master Plan area in support of a Program EIR on behalf of the City. Cogstane 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.N1CoIV Morse,Esq.,Associate Principal,PIaceWvrks,714,966.920 Dates of Service:2011. 18 CITY Of SAN JUAN CAPISTRANO I RIVER STREET MARKELPI ACE I 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 he provided upon request. PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS 19 NICOLE MORSE, Esq. Associate Principal Ni..alc1,rine-;rly?0yedrsofer3„Irnnmenr3lplanrInge 1lerie:rlce Vvithlie ebaJgrr.lur,(i EDUCATION .1�_ix'rh 1I IIt')I ncy allrJ 3 c,lanll-a+, :he(heroi lgllly J['dr'ISi,Inas p an ni.tui alla zn+unK Inw, Lhe Ca llfo�6j Lnviru(l nenta, CfuaIi'y +pct fCfOA;, 58 /4 3,the C1,IfIrnia Global I r, �°„iness Lan, IvI11tr.Irr Caw W'iI rnlug S(�Ir'tir ry Ar I.❑f?I flI5{AH;21,aIid rlhe'.,n<r;iinahlo I;r)rwIi ,mue5 arld CIIn1:ATc^ Mer,a » Bl),Applied _tsh7b'r.a!1 vr'r,t.y IJf'r�,I.C'f'n' hi.r ,7f2t}{}L' l5fi SCSI- f�+.'itlr� rl'larlagls rl+icl [CsarYlln:itP.s i•n;�IrurJnlP.',r.-,I CJlift)rr11,3,I+vlr-.� docun-remn to uvlrhstand legal v-!utinv: She ri vwwS Elks, nl-gat ve declarat�ans,and v--wrnil,tr'i:hnw-)l reports`r,+ ::ntpllanre'with("FGA,WA. the Enlangeletl Sperle> ACT�F .a),ar7{l 1;[j 101A ritf1-r reg ki1,Iwpy req,.AirL'rn?lits. also crxndi,rrr ihlrll party REGISTRATIONS r�NlNew a,1d IItig-a tion S,jinjiorL Io prr-)jerL-;. ;,ale S,;r nI i nliforr.!a N n. :ti, 0; Nicc-,a Pas ,i Oroed ;pLcr t)m J exper•!e*ICe b- I]ubv- .dna plivate-scC.tw ,liel,tr. 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ESA policy g,ilt7';rie{' .75 a re]1rP; {lt3l,V e'1 A01': IeWISI-.-i0w Revlt�w Con]ni4tF .- r.,ILuling ow ti't[:Z.A r,-rilrlll rffr:rt..-are7lnllrll+l,;,and SFS 1,'l? i rw oko spcaks P(,,gulacki Team member since 2011 on r_L(ZA 11 it rc:a-'FL_i la'N HIGHLIGHZS OF EXPERIENCE CEQA )OCUMF.NITATi0N n„I.r-I 14110(4001[•_}rle++Cl.ll T1144” l03'•(.3T0511•91'1+-A Y "A4, it.raI f local and dd la5 M N I 1 7c111 k1.111:_,7 Fll sr.ra ri p FA ,1',rcTbwo iL rtt{:r N!{10C-r Non E1 ziI) iI,ar71,:1fS,Stlallr CA V �+.I SUNI I ev.Icy sp7-CIRC.!,•ill L I.ISnri i Q » l.P?neIoI Plan FIRS for Citi c;of P-1. .IaCna,San C:e�neire,WesrrninSLei,I,11 t:ra,'�A I.,II,;In Avr1){Ir 5penhc Pla:1 F'R i:,III Cr:1wn C.Ity lvter C.aI C.r.,3ter ah 1R ; Pasadena CA 1.I'. 1 al'g gear-I)Sne.rlfit P'�i I 1r, ind Midtown Speclfik�t lxi EIR I Long 6eadr CA u n.lrha r br)kAP_'3rd'Mixr3p L!°iv ;I.ir'It Cr,I ridoi PIdr1 l a,)nr,4 aria C.A „ v-;i:I,!y f--iltvard 1-op I,inl '7p,-r. f1:-Plan EIR San HernardirlaCounry to T hr Fnr+rl C e.-I p;n Projp Ct f..,f 4nric al L zwmprlon I InrINwood CA THIRD-PARTY RPVIEW&UFIGATICIN rSUPPDR1 1ldd[�r-dur I tc,tip Itoil,,vv,7o:i l=8c HerleveicsFnierit f stye+-t EIR , IfiAvwood CA Chuff of of Ille Vvontf F 1..11 F.I F. I 5,3p7 Iiel na+d I ni Cou i)ry:_It SPEAKING ENGAGEMENTS u ".11LAI;&LOW- P-rIPI fL-It111-11 _allfcinll" ?U1' I_IC.V.P i,,r;•, I:- trl I F[,;Sl:i CA ,+ CMAN l7as.cr. .I1l.i 1,J aro[= Ir,Q•aee I Caiifrrnla S[aT+_ et;i5l allCA "'..1i.Irlatet an•1 '.n=.,1�+zgF t,:�CwA" 'i]13 F-w'1I Work.sh:Jp:(Awr:inr~Ike I eg,u Ln�Ir�.F.P%-wIerill't.;r,{riPntM1 i'ltiall:TOP You, Local :S;rrtd Pr�:grar•1 i Cast:119cs�+..A TEACHING -=-II+_r a'1 llgCs WareM19 w:i vet-r fAttor:ley` 1 61 .t Ft+=,lker,F +vlrallmet'l i ly CAPAi .+tce fnl `.r-I'C i,1 l 301Ilies, 'A k v"r ldo I.nten,Init t,lle'it'_•I1C! k,,l. L 1''+,illF'P�rL' l I e'Iifi] LEADERSHIP AND COMMUNITY -?[ Fh ippel Rr{:rn,c I�tIVI'•ALP Le.=IjlZnve 1.r'Irin1!VkP 17(X); �l117 utIvo V r:.:+Irc.-.'d'_fI AVP I I e r I.;JUI-ty t-:l�IDu!F 1 :Ci}I)-200 P,n pL ACEWORi�S �� Based on the availability of a complete project description and supporting technical analyses/studles (as described under"Technical Studie-s")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 Conned 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 5chrdule 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 Timefine/Due Date Contract.Approval November t, 7017 November 13,2017(1 week after approval of contract Project Orientat,oiffir-k-off Meeting by City Council at November 71h council meeting). Obtain data,reports,and files required for analysis(see "IechnicaI Studies"). November 13-December 4,2017(3 weeks,schedule Arep aratin n of Draft Technical Analyses/Studies assumes that PlaceWorks w+ll oe provided with all pertinent protect information/details needed to (Visual Aesthetic 5imulatian, Air Quality&GFfG,Historic, commence the analysesistudies prior to or on November Resoufce5,Cultural Resources,and Noise Analyses) 13,including a completed applicant-prepared tfaffic study and project construction data request) First Project SLatusNpdate Meeting (meeting to discuss initial findings and conclusions of technical Web o:December 5-2017 analyses/studies) PlaceWorks Preparation of Fust Sic reencheck Draft Initial Study (proceed with preparation of Initial Study that will support an December 8,2017-January 12,2018 MND, hased on{innings of terhnical 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 Ifnitial Study January 12-January Z6(2 weekly (including technical appendices) Second Project Statusltlpdate Meeting January 25,2018 (meeting to discuss screenchecw DraR Initial Study) PlaceWorks Revisions and preparation of Second 5creencheck January 79-February 12,2018(2 weeks) Draft Initial study City 3eview of Second screencheck Draft Initial Study February 12-February 26,2018(2 weeks) PlaceWarks 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-Apr11 3,20+18(30 calendar days) Third Project statuslupdate Meeting (meeting to discuss comment le,ters received on public araft April 2,2018 initial Study) PlaceWorks Preparation of Response to Comments and Mitigation- April 2-April 15,2018(2 weeks;schedule includes Monitmnq and Reporting Program PlaceWorks preparation and City review time) Planning Commission Meetings First Meeting:April dot,201 s (up to 2;per the City's website,Planning Commission meetings gond Meeting:May 22,2018 are held once a month,on the fourth Tuesday of each month) City Council Meetings , First Meeting.June 5,2018 (up to 2,per the City's website,City Council meetings are held Second Meeting:July 3,2018 once a month,on the First Tuesday of each month) PROPOSAL FOR ENVIRONMrNTAL AND TEC HNICAI SFRVICES I PLACEWORKS 21 Table 2. EIR Estimated Project Schedule= Task Timeline/Due date Contract Approval November 7,2017 November 13,2017(1 week after approval of contract Project Orientation/Krrk-off Meeting by City Council at November 7th council meeting). Obtain data,reports,and files required for analysis(see "Technical Studies"). November i 3-december 4,2017(3 weeks;schedule Preparation of Ora ft Technical AnalysWStudies assumes that PfaceWorks 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 anaiyses/studies prior to or an November 13, including a completed applicant-prepared traffic study and project construction data request) First Project Statu!WUpdate Meeting (meeting to discuss irsitiai findings and conclusions of technical Week of December S, )017 analyses/studies) PlaceWorks Preparation of First Screencheck Draft Initial Study Dere Pnber H. 2017-January 12,2018 {proceed with preparation of Initial Study that will support an FIR, (S 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 faty staff} City Review of First Screencher.k Draft Initial Study January 12-January 25{2 weeks} (including Iethnical appendices) Second Project Status/Update Meeting January 26,2018 (meeting to discuss Screencheck Draf(Initial Study) PfaceWorks Revisions and Preparation of Second Screencheck January 24 February 3,2038(1 week) Draft Initial Study City Revew of Second Screencheck Draft Initial Study February& February 10,2018{1 week) PlaceWorks Revisions and Preparation at Public Draft Initial Study February 13-February 17, 2018(S 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 discu=s comment lettefs recmecl on public draft April 2,2018 Initial Study) PlaceWorks to Prepare First Screencheck Draft EIR January 29-April 6,20 i$00 weeks, begins concurrent with 2nd draft Initial Study includes NOP comments) City Review of First Screencheck Draft HR 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 EJP, May 28.-June 8,2018(2 weeks) PlaceWorks Revisions and Preparation of Public Draft EIR and City June i 1-lune 15,2018(1 week) Approval CEQA Public Review Period of Draft EIR June 19-August 2,2018(45 cale nda r 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 Commissbn Meetings First Meeting:August 28,2038 (up to 2;per the City's website.Planning CornmMion meetings Second Meeting:September 11,2018 are held on the 2nd and 4th Tuesday of each month) Crty 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 151 and 3rd Tuesday of each month) 22 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE EXHIBIT B 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. PlaceWarks 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 LIR is required, the total not to exceed fee is$168,739 (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 t Cost PROJECT MANAGEMENT,MEETINGS,AND PUBLIC HEARINGS Task 1:Project Management and Administration 17.560 Task 2:Data Collection and tCck-off Meeting 1,760 Task 3.MeeTln S and Public Hearings 7,650 TECHNICAL STUDIES Task 4:Technica4 Analyses/5kudies 4.1 Visual-Aesthetic Simulation Analysis 11.655 4,2 Air QuaIKy/GHG Emissions 9,394 4.3:Noise ?.84o 4.4.H istoric Resources Analysis Report 1,120 Urbana' _ 24,425 4.5:Cultural Resources -130 Cogstonel 10,310 CEQA DOCUMENTATON Task 5:Screencheck Draft Initial 5tudy 15,390 Task 6A:Public Draft ISIMNDINUI 1,800 CERTIFICATION DOCUMENTS — — — — Task 7:Response to Comments 8.920 Task 8:Mitigalion Monitoring and Reporting Program _ _ $40 Task 10:Notice of Determination 360 Subtotal-Labor — $111,250 REIMBURSEABLES IS/MND 5 hard Copies and 50 CDs C)$14 1325 FedEx and Certified Mailings. 950 Response to Comments 5 hard copies and 25 CDS $10 425 EDR 350 Instrumentation 754 CDFW and County Filing Fees 2,340 Mileage,miscellaneous 500 office Expenses i2%of Labor) 1,524 Subtotal $7,660 GRAND TOTAL 3t 18,91Q L.Includes a 1u percent mark-u p. 2.2%of PlaceWorks Labot to office EKPLnses 1501,4WOOR}. PROPOSA✓_::OR ENVIRONMENTAL AND TFCHNICAL SERVICES I PLACEWORKS 23 Table 4. Focused EIR or Full Scope EIR Cost Estimate Task cost PROTECT MANAGEMENT,MEEf1NGS,AND PUBLIC HEARINGS Task 1:Project Management and Administration _ 17,564 Task 7:Data Collection and Kick-off Meeting _ 1,750 Task 3:Meetings and Public Hearings ],650^ TECHNICAL STUDIES _Task 4:Technical Analyses5ludie5 4-1:Visual-Aesthetic Simulation Anal is 11.555 4.2:Air Quali_ty1GHG Emissions 9,390 4.3 Noise 7,840 4-4:Historic Resources Analysis Report 1,720 _Urbana' 24,925 4.5;Cultural Resources _ 430 ~C stone' 10,310 CEQA DOCUMENTATDN Task 5:Screencheck Draft Initial Study _ .16,390 Task 68:Notice of Preparation and Scoping Meeting Task 6c:Screen check Draft EIR 37_,930 Task 60:Public Draft EIR 4,520 CERTIFICATION DOCUMENTS task 7-Response to Comments 8,920 Cask 8:fNitiijalion Monitoring and Reporting Program 540 Task 9:Findings of Fact and Statement of Overriding Considerations Task 10:Notice of Determination _ _ _360 Subtotal-tatxarT 56930 REIMBURSEASLES IS/NOP 5 hard w_ pies and 50 CDs @$10 825 Public Draft El 5 hard copies and 50 CDs 00$10 1,250 FedEx and Certified Mailings 1,575 ReSponsc to Comments 5 hard copies and 25 CDs[v W) 425 EDR 350 _Instrumentation 750 CDFW and County Fi.rng Fees —, 3,244 Mite e,miscellaneous 500 Office Expenses(2%of Labor) 2,434 Subt=1 $11,349 AR1W10''1WAtl 168 x39 1.Includes a 10 percent mark-up. 7.2%of PlaceWorks tabor for office Expenses 74 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE Table S.PlaceWorks—2017 Standard Fee Schedule Staff Level Hourly Bill Rate Principal $210-$325 Associate Principal $1904225 Senior Associate/Senior Scientist $1604200 Associate/5eienti5t $1204170 Projed Planner/Project Scientist $95-$125 Planner/Assistant Scientist $85-f100 Graphics Specialist $654135 Clerical/Word Processing $454160 Intern $65485 Subconsultants are billed at cost plus 1876. Mileage reinW4rsemcmt rate Is the standard IRS-approved late. PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PLACEWQRKS 25 TA RLE 4-11 ETA I LED CO ST PR OPOSAL "1.vv[,:�C�VA'1RlNIM{M1S 4hO tiM1wM:r i.5�,9H _ �. ■saw moa -W-- - ��io ■viii■N ice■©�� w�cr■�� �i���iiiiAs��� }..Fri a fl �,�x ,K ■■���_ ���i�����■��i�ii����err raa[t r[ck-:re.�:axt:ru:�sn,rrK: �� -- ���■■�■�R iii o iii iii o w ... •.evcrr.[>'rre r+a"e„a1 rr,m+ .. � '.�' i�o�i�iiiiv®®moi u■r�■ .7 o i sir�■■ ���r�r,� r��■�i�a�r i�■� 7{$c{�1Y1l AaA.41�W1 Jf Mh�Gi+fi4 iio�ii®��Oa©iia iii iiiiiiiii©i flS�1 RF Si'rA�.e rf epµVy([S (m yew PU aSat 4emear�.r;vGf:rr•�.�G.na W.w'uc:u�.rcaeanra �'. ^-�- � '�"' '� s� oi�■��iri��r������o a�■w■�i a�i�i��o�r�a�n��■�,ir■rari�r��ia��ia■w�+i �;- i�� as a 4���r■nu■ir���yrs■��wio��a rvr:afq:,o c,�nccuruon�n iso wig iii�����o�i�11�!■I ��■■sem■�■�����■�r�ao sis�■iiR�■� sri Jrwtm rrr■��■a�r�i*-�� I riM ■ ii'��� Oty co .-)"M Caa;R no Environ mensal and T.•_.-i cal Scm-cm far she Reposed 0luer Screen Ma rllel place TABLE 4.DETAli E0 LIS7 PR¢POSAI rwis,y. rC�Mi..c •.... s.r• .r..n yarn 04�• uM a.G+�/W+.w 1�qa+. Jw 4sd� �niowr, n.4 5136 Sr S.-S SID =sEt �•4�+••1�J.ar •!si !ne Gw.�Glw Lrtiai.^.w Y•+«��•.w r.. :1q M ham...A M1YM OH 4rw�•r�.-.�n yu I iM -Wrri uW roTAL ram 6OMMUR UU r s7/Fo roue x 4 `n 4f' 40 � 1 \ i 41_ r t. f'l'��i•W�Rf'.'� �. C+N� AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES ACREEMENT BETWEEN THE CITY OF SAN MAN CAPISTRANO AND PLACEWORKS 1. Parties and ❑ate. This Amendment No. 1 to the 1'rol'essional Services Agreement is mads: and entered into as cat' this i I �. day of April. 2018, by and between the. City of Sari 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, Calitomia 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 LOnSUltalll. The City and Consultant have entered into an agreement entitled Professional Services Agreement dated November 7, 2017 ("Agreement"} liar 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, fur the !fiver Street, San duan Capistrano project. 2,2 Amendment Purpose. 'rhe 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. `Mis Amendment No l 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 follow: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit -A." Page I of 3 61 iJ7 0:161JQ440451 I 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 $I84,232. 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 Continuitiy,Ef ecl_ofAgreement. 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. I. 3.3 Adeluate 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_ I. 3A Severability. if any portion of this Amendment No. l 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 Pagel Ptsgr 2 of 3 b l 147 02 MOV4464451 1 SIGNATURE PAGE FOR AMENDMENT NO. l TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PLACEWORKS CITY OF SAN JUAN CAPISTRANO PLACE WORKS Approved Ay. - Benjam 5ignatu� l +ty Ma ager piea � Name Date A[test d y: Title Maria'M riCity Clerk Date Approved As To Form: City_Aftorney Page 3 of3 6I 147 02100124464451.1 EXHIBIT A SERVICE AUTHORIZATION AMENDMENT NO. 1 PROJECT NO- SJC-11 DATE March 22,2018 PROJECT NAME River 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 92 67 5 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 PIaceWorks(ConsuItant),a California Corporation,and City of San Juan Capistrano iClIent). 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.Exceptas 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 agreethat: 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 $ 11,744 $Z2,014 TOTAL $168,239 $15,993 $184,232 1ASK $000 $00D $000 I ASK $000 5 0 ot) $0.60 CONSULTANT: CONSULTANT PlaceWorks STREET ADDRESS 3 MacArthur Place,Suite 1100 CITY STATE AND ZIP Santa Ana,CA 92707 AUTHORIZED Nicole Morse,Esq. TITLE REPRESENTATIVE Associate Principal PlaceWorWs 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 EXHIBIT B Task Scope of Work Cost" 3 Meetings and Public Hearings PlaceWorks will attend seven 1-hour team meetings to discuss 51,535 protect 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 Notse 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—Cogs tone'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 Feld Work—Cogstone will provide a crew of two to conduct the }CPI 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 5'l Ps with a 1 5 feet diameter excavated to a depth of 2 sterile levels. All soils will be screened through 114 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❑umde 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, tl any, further archaeoloytcal work is completed and cataloged ft is assumed that no "Me than 20 temporally diagnostic artifacts will be collected. Curatlon casts are not included with this scope XPI Report & DPR 523 Site Forms---Cog stone's key stall will prepare a draft XPI report and DPR 523 site forms. the report will SUmrttartte the results of the testing and the integrity of any identified deposit. Cogstone will respond to one round of comments and produce the sinal report If intact cultural deposits arE identified,additional work may he necessary and is not part of this proposal. No additional work would be conducted without advance approval. CONTRACT AMENDMENT TOTAL 4�— $15,993 ORIGINAL CONTRACT TOTAL $168.239 NEW CONTRACT TOTAL Y. — — $184,232 1 i percent of PlaceWorks tabor for Offire EKperim. 2 inr:ludes a 10 percent mark-up. CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered Into as of 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 Adefanto, 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 Contro3 (AC) 16-029, Grading Plan Modification (GPM) 16-014, Flood Plain Land Use Permit (!=P) 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 Scheduie 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 2 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, Consuftarnt 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 resuft 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, sham 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 Gonsuitant 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 cor-nmence 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 alf 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 0 1) 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 (B) 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. M 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 0-1, 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 Uabilit (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Lability Insurance for bodily injury and property damage including coverage for owned, non-awned 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' Com pens ation/Fmployer'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 o[" 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. Combned Single Limit Commercial General Liability $1,000,400 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 RegUired 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 ISD 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 terra 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; 8) 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 lit the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the Cali€ornia Insurance Code or any federal law. L 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. 00 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. i. Subconsultant Insurance _Rectuirements. 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 Lander 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 24 38 44 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 reirnbursement 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 there 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 1726 et seq. and 1776 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 B a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten X10} 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 small 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. OManizatior7 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 a bove. 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 maiS, 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 shali be effective upon receipt thereof. 21. Third Partv Riqhts 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. Cites 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] II 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 Cairfomis Corporation, dba Linscott Law& Greenspan, Engineers By: By: — B�e ity Mieer Its: _ _ Principal Printed Name.Richard E. Sarretto,P.E. A ST By: i let` APPROVED AS TO FORM y A tnmey 12 EXHIBIT A GREENSPAN August 24,2017 Ertgineers&Planners Tratfir: Ransponation Parking Mr. David Contreras Development Services Department tinscatt taw a City of San Juan Capistrano Greanspen,Englassm 32400 Paseo Adelanto 2Ekecalive ClrCla San Juan Capistrano,CA 92575 s,rae250 Irvine,CA 92814 LLG Reference: P2.17.0208.1 9".825,6175 sass7ssar� r vw wflgergmeers.cam Subject: Proposal to Provide Professional Traffic Engineering Services Associated with the River Street Development Pasadena San Juan Capistrano,California Itiine son Diego Dear Mr.Contreras: Las vases 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 Ph No a unsee PEiavc dsckiN 4reensaao.PE�xe+i addition, the Prosect proposed to improve Paseo Adelanto, along project frontage and Wik mA taw,PE&A i construct up to 24 diagonal on-street parking space in plaice of on-street parallel P61P1WVnur1mmA,PE parking,The site is located north of Del Obispo Street,south of River Street and west ion P.Koalmq.PE of Los Rios Street, in the City of San Juan Capistrano,California. Hands 5Jlenner,PE John A.9o3nnarn,PE Ciotti M WA Jan B,.PE khlyd E Barrehe,PE Kid D.Maharry,PE 4M OMQU-10-1 ruwq OW& Mr. David Contreras August 24,2017 Page 2 GRUNSPAN 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 Traj#ic Reports and will be consistent with the current Orange County Congestion Management Program (GMP) Traffic Impact Analysis Report(TfA)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 Traffic 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 GREENSPAN ■ 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. Barretts, 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 hearingsicommunity meetings, present reports to the various commissions and/or City Council when requested. Zawwar Saiyed, P.E., Senor 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 Tacker, Transportation Engineer i, and Angela Bean, 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 ■ Kirnpton F lotel 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 GREENSPAN Given the above,and our overall sense and understanding of the issues,we propose to do the following: SCOPE OF WORK Tusk is 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 assiunptions 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 duan 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 duan Capistrano Planning Department, and adjacent jurisdictions and obtain a Iist 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 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 1n 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&Traffic Modeling Subpart 3.1 Based on review of the City's Scope of Work, the following eleven (l 1) locations were identified as potential study intersections: 1. Ortega Highway 1 I-5 NB Ramps 2. Ortega Highway 11-5 SB Ramps 3. Dei Obispo Street I Ortega Highway 4. Dei Obispo Street 1 Camino Capistrano 5. Def Obispo Street 1 Paseo Adelanto 5. Dei Obispo Street 1 Alipaz Street 7, Del Obispo Street 1 Del Avion 13. Ortega Highway 1 Camino Capistrano 9. ** Valle Road 11-5 Ramps 1 La Novia Avenue 10. ** Valle Road l San Juan Creek Road It. ** San Juan Creek Road 1 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 7:04 AM - 9:00 AM and 4:00 PM - 6:00 PM in support of detailed intersection capacity analyses. Mr.David Contreras August 24, 2017 Page 6 GRFENSPAN ** These intersections will require an initial screening analysis in order to determine if they should be included in the overall intersection study, 12 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 Dei 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 b. ***Valle Road between San Juan Creek Road and Roundabout 7. Del Obispo Street between 1-5 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 Avian 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 Sulo-Area Traffic Model(SCSAM). i Mr. David Contreras August 24,2417 ` Page 7 3.4 If required by the City, have the City's traffic modeling consultant, Urban Crossroads, Inc. run a select none analysis based on the proposed land use using the City's traffic model to assist in relining 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 9'h Edition, published by the Institute of Transportation Engineers {ITE), and/or those published in San Diego T'rajfie 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 .Tuan 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 (1 1) key study intersections and ten (10) roadway segments based on the existing traffic data Mr. David Contreras August 24,2Q l7 Page S 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 (NCM) 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, h. Existing Plus Project Plus Buildout Traffic Conditions, 7. Scenario(5) 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 11CM 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 wilt 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 Mr. David Contreras August 24,2017 Page 9 GREENSPAN 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 tent (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: I. Existing Traffic Conditions, 2. Existing Plus Project Traffic Conditions. 3. Scenario(2) With Improvements; if necessary, 4. Existing Plus Project Pius 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 minunum "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 RCM method to determine if Project-related traffic and cumulative traffic have a significant impact on a roadway segment's peak hour LOS. Tusk 6:Oueui=Anal +�sis 6.1 Queuing analysis will be conducted at the following three(3) intersections using either Vistro or Synchro software to detennine 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 GRITNSPAN Page 10 1, Del Obispo Street/Camino Capistrano 2. Del Obispo Street 1 Paseo Adelanto 3, Dei Obispo Street/Alipaz Street Task 7: Fair-Share AnalMi-3 7.1 Per City Council Policy Ill, calculate the Project's fair-share analysis percentages to determine the Project's responsibility for constructing and/or financing all necessary mitigation ineasures/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 driveways), 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 detemnine 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, everting,and night periods. Task 10. Neighborhood Parkigg 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 Task I I: Preparation of Screencheck and Draft Traffic Report 1I.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)hardeopies 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) hardeopies 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)hardeopies and a CD-R in MS Ward 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: Meetina Su port 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 hearingimeeting 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. Mr. David Contreras August 24,2017 Page 12 GRUNSPAN Task t3: ReMonse 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 I through 13 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, excludhk Tasks 3)will not exceed$43,775.00. For Tasks 3.1 and 3.2, we request an allocation of $9,460.00 to collect 3-Day weekday peau 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(I0)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. 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 GREIMSPAN 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,RE Zawwar Saiyed, P.E. Principal Senior Transportation Engineer California Registration:TR 2006 California Registration: TR 2525 Attachments Mr.David Contreras August 24,2017 Page 15 GREFNSPAN im ACCEPTED FOR TASKS 1 THROUGH 13 A5 OUTLINED ABOVE, FOR A FEE NUT TO EXCEED$57,045.00 (Authorized Agent) (Title) (Firm) (Federal 1.D.#) (Address) (Date) EXHIBIT B LINSCOTT,LAW b GREENSPAN,ENGINEERS FEE ESTIMATE•NOVEMBER 1.2908 FEE SCHEDULE f06 YO. PI.17.02(m.1 ]Ot1 DESCRIPTION:IC1rer)ilnwee THl a lnpmenl,tizn lean C!gem r4aa RII,LINQ •�• TOTAL CCISYPeR Till LE RATE l I 1 4 S 6 7 3 9 IV II II 11OC1R5 Thio. SISI I I 4 4 1 I 4 6 48 .S12.09b ti.ri.ir k 517]1 a A E 6 6 & A ISI 6 A Sl7•4:1 TFl 1II4 4 In 30 19 12 4 Ik 146 516.61-0 t7.1 II SI13 ! i6 2 2 14 T)iW: Aids r 155 2 z Wo HOURS?I R TA-sk 16 4; 5 4.1 dd it a IR 111 30 lox TOTAL Ctwr SMO S5.50S`lf,d 1 S072 1 55.11: 1 S1.IHnSI.14I SI A)V $1.244 5e,n3 i SN"±{llx ::I 570.9115 RAm I CONT PER rrEM COST .or 5r11.$S Al or urs ITEM Aul r+Kc nnh+nwinr Pitwsas sib fsr 1 sI79.SU TOTAL RKIVIBURSAMLKS 5179,01} R or to Or COST PER MARK- NAMIr Dl{&CWTION 40 Or:.PCA WNW Y[YF YER9onrr El. RAYS HOURS MISC'I MISC'I UNIT UP COST L,Ason4nll3n5 A AM srsl PM 11cdk Proud In wf9 ie+n Caunf+ S I i 4 tap 0% ",1L', in AAS and PM Peak I':rimf 1119v�a 11-kn U.ra61s 6 1 4 Sou W, S%7Cn1(0 µY3 W-ly I�,rru Cr+unea k0 1 r I S60 aw t1 111)'].00 rrm 49dn 111 11Fayrlc Mak" I S6d1gR 6H S6,onip.m) rryTAL7URCOti II I.TANrCYy�T 513.f1St+.9G Taint.RIIDCk'r Set,9FS.I1n i,yRMs; I Praj"1 MnhIlmokm 7 Fair-Share Analyio 2 Dain Collection and RusLmll 8 UL rleec.r 404)Iniumrl Cu v alyi 11141 Era luny ion 3 TmIriv C~I.l'rugmm&Ilalilc Mu 6r ling Su ppo rl V Parking Anwly.is a InP Cmmmlion.DiurihdlinnAnil A"igarncnl Am[Ygie 10 Noahharhu+d Parking!Immvnp An Alylix I'nljuet Cvahmlinn and Mligadnn:t9ersw Annlyxr. I I Prrpral im of Kate nchm1r arul 0 rag T1afrc Repan A¢ucui%Malyais 12 mos-'ng Suppen LINSCOTI FEE SCHEDULE GREENSPAN Effective November 1,2008 Engineers 9.PIsm ars TITLE PER HOUR Traffic Trar•sporialion Principals Parking Principal Engineer..............................................................................................$ 252,00 Associate Principal Engineer...............................................................................$ 21&00 Llnsro%Law& Planning/Design Manager...........................r...r..................................................$ 201,00 Greenspan,Engineers 7 ExaCutWe cifdiC Transportation Engineers suite 250 Senior Transportation Engineer..........................................................................$ 178.04 Irvine.r-A 42614 Transportation Engineer III................................................................................$ 158.00 909.025,5175 r Transportation Engineer II .........$ 133.00 949V56173 Transportation Engineer I.............................,..................................................$ 114.00 www-I4geng:nears.Curn Transportation Planners Pasadena Senior Transportation Planner........,.._. ... .._ .......$ 158.00 ir"r°e Transportation Planner III...............................................................................A L33.00 sari oiegu Transportation Planner II....................................................................................$ 114.00 Woodfasid Hiiis Transportation Planner i.......................................,.....,,...,..,.......................,,,.....$ 102.00 Technical Support Engineering Associate lI....................................................................................$ 113,00 Engineering Associate I.....................................................................................$ 109.40 Engineering Computer Analyst ff...................................................._..................$ 1.08.00 Engineering Computer Analyst 1........................................................................$ 85.00 Scnior CADD Drafter.........................................................................................$ 109.00 CADD Drafter III...................... .... r .....,.....,...................................................$ 102.00 CADDDrafter 11.—.............................. ..........................................................$ 90.00 CADD Drafter I...........................................................................................,......$ 77.00 Senior Engineering Technician..........................................................................$ 103.00 Engineering Technician II............r..............r................,.....................................$ 102.40 Engineering Technician I...................................................................................$ 77.00 Word Processor/Secretary..................................................................................S 72.00 Engineering Aide I .... ...$ 55.00 f'Al'4 M Liasculf.PERrsrr MN Jar.Y M L'reenst:an.PE ami Wnkom A Law,PE rkei r Public Rearing and litigation support may be charged at 125°/u of the base rate. Consultation in connection with PM,f w wrrkkimin.Pr litigation and Court appearances will be quoted separately. Jape P Ifealin0,PE Project-related mileage will be billed at the prevailing standard mileage rate as dctermincd by the IRS. NQ S SheRder•PF Subcontractors and other pm}ca-related expcnses will be billed at cost plus 15%. AN)A Nrarman.K Clara M Lnnk•Jaagar.PE The above schedule is for straight time, overtime will be charged at 1.50 times the standard hourly rates. arkkrdt Gari nqw. 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 em f n Ma6arry o� unpaid balance. Zawwar Saiyedl Biography Zawwar Salved is a licensed Traffic Engineer in the state of California. He earned his Sonlor Transportation Masters of Science in Civil Engineering from the University of Arizona, Tucson and has over 15 years of experience working on traffic engineering projects throughout the Engineer Southern California region. Mr.5aiyed has extensive experience in the preparation of traffic Impact studles for a variety of land uses, site access and operational plans, Years of parking studies, parking management plans, and experienced In utilizing Highway Experience Capacity Software,TRAFHX,Vistro and Synch ro. Y�ars with LLG Engineers Areas of Expertise Traffic Impact Analysis Reports Trip Generation Studies Education Transportation Planning and Site Design Regional and Multimodal Consultation Transportation Plans Ilk k.]10 Eflovikielow Mixed-Use Parking Demand Studies - Transit Planning Sight Distance Analyses - Travel Demand Forecasting!Modeling Traffic and Parking Field Studies and Simulation Project Experience Alherhill 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 Aiherhill Villages Specific Plan area is generally located along the south side of the I-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, 1,571,000 SF of commercial use, and 836,000 SF of office use. The traffic study evaluated the proposed LAW a Project's potential near-term and General Plan Buildout traffic impacts at up to ■ ■ , twenty-five key study intersections and up to thirty-one key roadway segments, provided recommendations to improve site access and internal circulation. —100 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 EllR consultants during the preparation of the Traffic Studies. AMENDMENT NO. i T(7 TIIE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITV OF SAN KAN CAPISTRANO AND LG2WB ENGINEERS, INC. 1. Parties and Date. I'his Arnendmcnt No. 1 to the Prol'essional Seri ices )lgrccment is made and entered into as oI' this ' day ul' April, 2018, by and betAcen the Citti 01' San Juan Capistrano, a municipal organization organized tinder the la►vs of the State of C'aliliirnia N011 its principal place ol'business at 32400 Paseo Adelanto, Sart Juan Capistrano, Calil'ornia 92675 t"C'ity"l and I.62Gkll3 l:rlgincers. 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 ("Agrcement") 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 cif services and increase the not-to-exceed compensation amount. 23 Amendment Uthorit►. 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: I. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit"A," Nage I o1'3 01470100,244t)4451 1 2. Cam sLensation. 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"13." 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.l, 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, l 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 61 In7 021OOV404411 1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN .1[IAN 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 F= LINSCOTT, LAW & GREENSPAN, ENGINEERS genja. S­194ec-~ f City Managers-' / Signature Date Attesfed j Richard E. Barrette P.E- � Name Maria Marri . City Clerk Princi al \ Title Approved As To Form: _ _ \] March 27, 2018 _ • � ;,I�: �f n Date City Attorney Page 3 of 61147 0220OUA464-131 1 LINSCOTT Mr, David Ctmtrcras EXHIBIT A February 7, 201$ Page 3 GREENSPAN Client: Mr. David Contreras Development Services Department City of San Rian 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 l: Defining Proiect Description and Proiect"f'rip Generation Iterations 1.1 Provided support to Project tram and City staITto help define Project description, which included type of land use, land use splits and square-f'aotages. 1.2 [lased 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 wel l as the trail is model select zone model runs for the Project. Task 2_ Rcvisions to Cumulative Proicels list 2.1 Received and went through three (3) updates to the Cumulative Pro jects list sent by the City. inclusive of two (2) revisions to the Cumulative Projects list dated Decernber 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 trctffic to the study intersections and roadway segments. 1 Mr, David Contreras LINSCOTT February 7, 2018 Page 4 GREENSPAN 'ask 3: ]revisions to Forecasted Traffic Volumcs/L.US.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: I. Existing With Project Traffic Conditions, 2. Existing With Ambient Crowth With Project Tra Mc Conditions, 3. lixisting With Ambient Growth With Prqiect With Cumulative Prca_jects Traffic Conditions, 4. long-Term Without Project 'Fraf is Conditions. and 5. Long-Term Willi Project T'raf'fic Conditions. 3,2. Coordinated extensively wit1) LSA via confcronce calls and email to verify and trotrkrleshoot the traffic voitrmes and LCIS results of the Varm Specific Plan project and the River Street Development }project to make sure the results are consistent. 'Phis iiicfuded troubleshooting levels of service (LOS) calculations r'or Intersection Capacity Utilization (ICLJ) methodology. Highway Capacity Manual (11CM) methodology and Datily V/C Ratio methodology. Task, 4: Saturday and Sunda% Project Trip Generation ],«recast 4.1 As requested by the Project Applicant.the trip generation for the proposed Project was forecasted for Weckday Saturday and Weekday Sunday traffic conditions using, rates identified in the Trip Generolion. 10th ErlRion, Institute nf' Trimstiortration Engineers(ITE), Washington, D.C_ (2017): 4.2 h] C01IJ Unction with 7irsk 4,1, updated the Pr(iieci trip generation table to include the Weekday Saturday and Weekday Sunday trip generation forecast. 'Mask 5- C MP Analysis at Ortega l Iighway between the 1-5 RYain12 5.1. Consistent with the requirements and procedures outlined in the current Orange Caiin[v C'ong��slwn Alcan agetr eni Prort•aat (C'AI1'). a CMI' 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. `Mask 6: 1-5 Frucwav and C}rteg,a I Iifl,hway Intercha tore QueueinV Analysis 6.1. Conducted a "tum 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 firr I'Xisting Plus Project Plus Cumulative (Year 2024) TraMc Conditions and [;cneral Plan Buildout Traffic Conditions. 2 Mr, David Contreras LINSCOTT February 7, 2018 Page 5 GREENSPAN mask 7: Project Construction I'raffic Anul}sis 7.1. Coordinated with the Project Applicant to obtain the anticipated construction activities for the proposed Project, inclusive of demolitionlsite preparation. grading/trenching, building construction. and asphalt paving/architectural coatings activities. 71 Developed Project Construction Traffic Generation based on the anticipated construction activities provided by the Project Applicant. 7:3 Determined whether the Project construction-related tralfc: will have ally significant traffic impacts. Task 8, Railroad Assessment 8.1 Conducted field observations of the existing; operating conditions at the Highway-Rail Gracie Crossing located between tfte intersections of Camino Capistrano and Paseo Ade lanto during the AM Peak I 10 Ur (7:010 AM — 9-00 AM)and I'M Peak Hour(1:00 PM—6:003 PM) during a "typical'weekday. 9.2 Reviewed and researched the Review of Interconnected I lighway-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: $ 67.0115.00 Contract Amendment No. 1 Bmlyet Request: $6,686.00 AdjustUd Contract Amount S 73.7 i 1.00 1)pon return ofa fully executed audiorir_ation,this service fee and condition skull become a part of'the Contract Agreement dated August 24. 2017. except as amended herein. 3 LIN SCOTT.LAW&GREEN SPAN,ENGINEERS FEE ESTIMATE-NOVEMBER 1,2D06 FEE SCHEDULE -1013 NO' :.1'.3911+.1.[nuu ayI 11+1r 1111nu•n 1+11 .10611 h:SCA I I'110V;Hint Kneel i k5rl 111xprgl.i el a 11141[xslrl rnnn ❑7 Vc11 IN BILLINIG I I0 LF R%0 V TAS TOTAL COST PER HILL ILA 1E. 1 t ] i 1 HQVRS 111'LE P,uu+al V.;q'i lice 5231 x378 S rinw 11 5171 Iu SI hVI 11 1 SIN 1 + 31 6.I nl7 SII 311+ 1101 RS k'F.R 1-15fi i! Its 11 1 5 5 5 5 i S !1 ll a i1 SI 1[I AI'c 0S3 ]1534 SI 7nN LI DIY ?.SILK S11' Shia 7:m, S4u3 1L' S,t $U Sli 56.016 R•1TF--� MST P F.R I I KNI ([ISI y @!•µtLES ■OF I ti1T5 ITEM luln H41 1IL14—lei,1 5u 9 s I 5Q uU l'orA- Rh:IL1H11>i %"1.F.K 0.00 SA ( S 1A-I% f$ -01' m OF ['CR`T PFR HARk- VA7HF. DFSCRII'r1ON Sr OF LIH'.1TIONS 19 I*PERSONTEl, OdYS I I M Ii5 \1151 r 111,VC'2 L�N1T i'P LT]S7 S�lannslJla,l a AAI-W PSI Ptak I'cl loci W,rare Uan C,vwm LF, SU Ik' AM 3+,d I'N Peak 11n Iod Iniri wi im C nano Ido Sl]IX) A,.0 c 9./11,Tr:dlir(, ,m% 0P8 V)[R1 tii,ba.m>�h.[w i1 11mpr'th,dch,lg 1115 WrA} TOTAL Sl.'BCON"WLTA NT(-()ST Sn.11p 10 U.Bi:l?GFT SGkfl6.[10 1 xsAs: 1 De in In,Pn g100 MA-0y111041 AIM Pr:?j&II F1 11[n Ile I MOD INN J4mu 7 R3411i'A11 W1s51nwul ac6IS isw 1i Ia l wIIIr111t1%a Pfs%els 4 151 K I Notu0m 81111 N1lr1tf 211 Prewc,Tr IP(Jeneruunn F11MVIkSt 14 S l UI+kihkI W 1 1101144 f 11911"M Welµwn II+e I•S liwryls I r.1•i I Pvcwll H+1J Ilr l Lfga Ihuh%Y5 Il l ri'1 l'I1N11ta}1'Qmkv1nh j11{lly l'1, I= 4 LINSCOTT GREENSPAN Effective November 1.2008 Engineer:&Planners TITLE PER HOUR Traffic Tr a nS por E a tion Principals Parking Principal Engineer..............................................................................................$ 252.00 Associate Principal Engineer..............................................................................5 216.0O linscalt,Low Planning/Design Manager..................................................................................S 201.00 Greenspan.Engineers 2 ExvcaliVu GiPcle Transportation Engineers sake 290 Senior Transportation Engineer..........................................................................$ 178.00 twine,CA 132614 Fransportation Engineer HI................................................................................$ 158.00 949.825.61751 Transportation Engineer 11 ...........................r.,,.r................................................$ 133.00 9498256173 Transportation Engineer I......................... ..$ 114.00 WVVW[Ig eng Weeps earl ........................................................ Transportution Planners Pasadena Senior Transportation Planner............................................................................$ 15$.40 Irvine Transportation Planner HI .................................,................................................$ 133.00 San Diego Transportation Planner l 1.............. ......................$ 114.00 Woodland Hills ................................................ Transportation Planner I....................................._..._..._._..................................5 102.00 Technical Sripporl Engineering Associate II.....,..r..._.............,..rr.....................................................$ 113.00 I: Mr. David Contreras LINSCOTT March 14, 2018 Page 3 GREENSPAN Client: Mr, David Contreras Development Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 UG Reference: 2.17.3910.1 Project: River Street Development San Juan Capistrano. California ADDITIONAL WORD: Task 1: Attendance at Meeting 1,1 'flus proposal assumes preparation fbr and attendance by UG at up to seven (7) Project to:am/C'sty 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. I Budget Request: $ 6.686.00 Contract Amendment_No. 2 Budget Reguest: $$�1�7.00 Adjusted Contract Amount: $ 78,298.64 LJ pan return of a fully executed authorization.this service tee and condition shall becorne a part of'the Contract Agreement dated August 24.2017.except as amended herein. 6 LIN SCOTT,LAW&GREFNSPAN,ENGINEERS FEE ESTIMATE-NOVEMBER 1,2908 FEE SCHEDULE AOR N0. :.1'.3410.1-111tl+,rr1 1n+8I0mvigI++3 RIR DERE KIIrTIOV:it rr%II M Jr.I4opmvn I.+.u+•Iu•u+t I S.L1,u-I d 1111.1.I1d: 140(KI;0) TASK 7t1TAL ('GST PER TITLE' RATL I 2 3 4 c 1 6 H V IP 11 1. 1101'" 111 LE i'i+mow. +1.4 z!11 li'i] 1 _ 13 5.1:110 Y••ni,n II S17x n S'+ 17 l SII 3 f1 SI] F I II 5111 ❑ So �+Jt l SSS U Sr 1101 RS PKR IASK ;7 s Ir {. ++ [i [1 If 0 U 16 I()l al.[•5151 T.:a I1+ 10 S1+ a+i b1, w j 51! 111 5[V Su So SO S4,SI11 SA III JS R.►7F:: 4'057 PER I17.►1 mST ■lis Nll.l.ti N[lF 11'IT ITEM I+d..Ran1+1++u wnwnl Sli i tt Sl S7 Qu 10i'.Af RF:IMBURSAHI FS 5357,1111 [[f.sl I TANI'% N 4FI- HSIY 4{717 PCR HARK, 1A1TE DKS(RII'Tl(7] X M Ltl(A 1101 4OF PERSVh1LL DAYS Hot RS 611•.{('I 5115(I i ,IT 1T L'Cril' ,luhi tlnn Wl a nl A A]'1 dnd P%f P:ak Pcno.4 blwr ccuan L-PPnIk Jii S6 00 AM and KNI Peak Pe I 1 lnler,"h;ul E nnlus I io W 1KS .1�dr:i c I]u,p il:+il4r['uums G'n 50110 1ulx,yc�ll,inl kl f 1ukTu�itWrbn� 0°n E+7+]U 1 OTA L,SIH(T4)YSVUVA ST COSI Sl).iq 'I-4F]-%L 8 U El 54,567.00 T"sks: 11+1c MAnce M 1luMi np � +1 7 LINSCOTT GREENSPAN Effective November I,2008 Engiaeara&Plarrnars TITLE PER HOUR Traffic Tiauspo!tauten Principals Par krny Principal Engineer..............................................................................................S 252.00 Associate Principal Engineer..............................................................................$ 216,00 Linscou,Law& Planning/Design Manager..................................................................................5 201.00 Greanspan,Engineers 2 kxercutmi Csrle Transportation Engineers Srrrle 750 Senior Transportation Engineer..........................................................................$ 178.00 Irvipe,CA 42614 Transportation Engineer til.......................................... ......... .....$ 158.00 949.1rl5.6175 r Transportation Engineer ll .......................................,.........................................5 133.00 549825,6173 r Transportation Engineer I................... ........$ 114.00 WWW lig eng!nccrsCam Transpurlalion Planners Pasadena Senior Transportation Planner............................ ......5 158.00 Irvllle Transportation Planner III ..................,,...........................,..................................$ 13100 Sa+i Diogn Transportation Planner 11....................................................................................5 114.00 Woodland Hills Tralisportation Planner 1...................................................................................,.s 102.00 Technical Support Engineering Associate 11.................................--•,..,......................._....................$ 113.00 Engineering Associate I......................................................................................5 109.00 Engineering Computer Analyst I1.......................................................................$ 108.00 Engineering Computer Analyst I...................................................................... .$ 85.00 Senior CADD Drafter.........................................................................................$ 109.00 CADDDrafter III................................................................ .._......5 102.00 CADD Drafter li......................................,.........,...............................................$ 90.00 CADDDrafter 1..................................................................................................S 77.00 Senior Engineering Technician..........................................................................5 109.00 Engineering Techniciarl II... ................................................................$ 102.00 Engineering Technician I .............................,......,.......,.,....................................5 77.00 WordProcessor/Secretary..................................................................................5 72.00 Engineering Aide I............................................................... J ..............................$ 55.00 IjCk`M Inracnn.PF e»r: .lack M 5.enu5pan FE���� 1"Irll,ern A taw.NE•�•! Public licaring and litigation support may be charged at 125%ol'the base rate. C'onsultntion in connection with aar,rW 41'Aellswr PE liligalian and Court appearances will he quoted separately. Jalw P 9e111rry.PE Pro•icet-related mileage will be billed at the preval ling standard mileage rate us determined by the IRS- Down S Stance(,K Subcontractors and other proiecI-relaled expenses.vitt be billed at cost plus 15%ir JrWA&Tatman FIF 1-he above s .laic 1A tCnti Jacn��PEehedule is for straighI time, 0venime%vitt he charged al 1.50 times the standard hourly rale s. Interim and/or monthly statements will be presented Iur completed work. 'These will be due and payable upon +0,,irdf Sarfotu PF presentation trnles�prior arrangerncniti are made. A finance charge of 1.5°'n may be churged each month on the rr.PE unpaid balance. 8 Mr. David Contreras LINS(OTT March 22. 201 Page 3 GREENSPAN C:1 ient: Mr. David Contreras Development Services Department City of San Juan Capistrano 324013 Paseo Adelatnto San Juan Capistt-ano, CA 92675 L LG Reference: 2.17.3910.1 Project: River Street Development San Juan Capistrano, California ADDITIONAL WORK. T ask 1: Proicct Coordination 1.1 Coordinate with City stat}'and Project team to obtain and discuss the updated cumulative projects list. Task 2: Trip Generation. Disidbut ion and AssignmenI Analysis 2.I Develop estimated trip generation projections f'or 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 trafflic assessment. based on updated informattion provided by the City on March 14, 2018. include the fallowing: u Ganahl Lumber — located north of Stonchill Drive at San .luan Creek d Downtown Playhouse Redevelopment — 31776 E1 Camino Real. southeast corner of Ortega Highway and ! l Camino Real u Mission Grill Redevelopment— 31721 Camino Capistrano 2.2 Update the "existing plus project plus cumulative (near-term)" traffic volume projections Far up to nine: (9) key study intersections and eight (8) roadway segments based on added cumulative projects. 23 Update the "existing plus proiect plus buildout (long-term)" traffic volume projections for up to nine (9) key study intersections and eight (F) roadway segments based on added cumulative projects. 9 Mr. David Contreras LiNSCOTT March 22. 24318 Page Task 3: Project Evaluation and Mitivation 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, Fhe LOS calculations for key signalised intersections within the City of San Juan Capistrano will be calculated using [lie inter-seeflon Cetpac•ily U►rlr_at on (ICU) method and the Hikhwa,v Calmcil3• Afkanural (NC'Ml method based on the City's minimum "D" level-oaf-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 (l) 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 calculation; shall be verified prior to intersection Calculations being performed. it should he noted that I ICM 6th Edition methodology is the most current HC M methodology, but based on direction by City Staff; the older H C M 2010 mrtlwdolog* is to be Uied. 3.-1 Update the peak hour traffic impacts of the Project at the nine (9) key study intersections within (lie City of San Juan Capistrano based on the City's minimum "D" level-of-service per the General flan 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,luan Capistrano definition for signif icant 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 andlor an acceptable level of 'insignificance (iare- 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 unsignaliced intersections, conduct a traffic signal warrant analysis. if necessary. 10 Mr. David Contreras LINSCOTT March 22, 201$ Page 5 GREENSPAN 3.4 Update the the daily traffic impacts of the Project at up to eight (8) key stud} roadway segments based on the City's minimum "C" leve.]-of-service per the Generril Plan Growth Management Element with the added cumulative projects. Midblock link capacity analyses will he prepared for the following Tratf is impact Scenarios: I. Existing Pius Project Plus CLim ulative-rraffic Conditions, 2. Scenado J ) 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 flan Growth Management Element. If the increment in daily traffic is significant. then evaluate the study link ort 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 1.OS. Finally, if the increment in peak hour traffic is signilicant, then evaluate the study link on an AM and PM peak hour basis easing the HCM method to determine if Project-related traffic and cumulative traffic have a significant impact on a roadway segment's peak hour I.OS. -ask 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: I. Del Obispo Street l Camino Capistrano ?. Uel Obispo Street 1 Paseo Adelanto 3. De Obispo Street 1 AIipaz Street 4'ask 5. Fair-Shad.'Analysis 5,1 Per City Council Policy 1 11. update the P'roject'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. 201$ Page 6 GREENSPAN Task 6: CMP AnaIvsis at Ortega iiighway between the 1-5 [?,amps 6.1 Consistent with the requirements and procedures outlined in the current Orange C ounly Congestion Ad ina0niew Pr•o.gram (CAM, a updated CMP analysis will 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 7: 1-5 Frkmway and Orte ga Y I igliwat Interehan vL Queuein g.Analysis 7,1 Update the "turn pocket' queuing evaluation for the 1-5 freeway Off-Ramps Ht Ortega highway to determine the minimum required stacking/storage lengths for all off-ramp lanes ror Existing Plus Project Plus Cumulative (Year 2020) Fratric Conditions and General Pian Buildout Tral'f is Conditions. Task 8: Update of"the Tralrc Impact nnala-%is RglLort 8,1 Update the traffic impact analysis report that details till of (lie 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 tearn acid 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 bath hard copy and digital formats. 12 Mr. David Contreras LINSCOTT March 22, 2018 Page 7 GREENSPAN FEE ESTIMATE Current Contract Authorization. $ 67,045.00 Contract Amendment No, ! 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 pant of the Contract Agreement dated August 24, 2017, except as amended herein. 13 LIN5GOTT,LAW&GREENSPAN,ENGINEERS FEE ESTIMATE-NOVEMBER 1,2008 FEE 5CHEOULE .408*ID. _-1'.J9111.1-f,r,nr p.1 t,mf nt lnw.l„J JO UktiCKI l•FI UV;River 11+r.1 Oyi rhgiu urn-..,r la,it f ilw ra we Rll•I,IItiC. 11011,11113 111 JAWi7YfAi. CWT PFR rITi.E RATE 1 2 ! a c 6 7 a 9 io it 12 IIUI'IGti 11 FL.E i4tncr r,(I F.tryylt2+ SSS' l _ - 4 Si,.18r. Sv,.—IT St 1K _ s 7't I 3111 S'7 SIR.Ian lSIt Sill U SR .Skit I i5i 3D Ilot kti Pi.k I kSK a 101 R;k 1 i I6 t! I f1]-11.f'litil S_'S: 1'��! Sk Sl1. Sl jo SST i'IJ to 5;3#S S': � $10 F IM Ft KS1 R•S fl• COST P Vit I]F.�I (f1.Sf ,1111111[S �17F1111� 1'I'CAI �..1n Rru,darl v.'rtKni S.1 S1( 1 �,lJ[t IMAI ki•:1SIRI Ifs.►Rl-kS Sn.1R1 JIMMI ti VC IS NOF Of Ov COSTPEPI MARk- ',AME 0ESCRII'l-ION NOh LIWALrlUNS r OF PERSOMEE DAWi IIt74AS n71.1('I Til Si 2 U.MT tip CUSI- 1�Iw:,nluha6l A A%I-md P%I]rp•11 P..od]I ila'rSerl,ufl C,uw- R4r jfr ll[: •1]1 al zI IIM 11exR Pet u,J hKeti"P,nt C tmt, ;Py hLl(xj A1cnt•c❑nd, Fratllc l wows clr: 57?pc Ph-,-olfuni li 111wwha, +Ya W f1C 1 or tl.St RCOSSt I:IA11 COSI Sppp 1'[1111.Ht DGET ;Iy,syl,oa 1 nal:s: P:.+�c 9 L•r4gdI11J11i,i 1 1 i Fwvwa1 did❑fee4a ILyhlwis lnfcrchuuge l)ueucnig•Snalv6is I rrl,[m L,Ann, e kir me I anYc Irrlimc!An.dyII Rr!'o 01 i 1'fa,1'I I,JIIM140.1 atd�Ii,4df,�Ni�1�•dfiic'�r1J 4..,� '! I Ovuwlig 111AI]Slb IG i},irf-\liar,U4: Olds I I C SIP Aiml*w410 tv!m l IkWmAl(K-R.tin the I-c kulnps I] 14 LIN5COTT GREENSPAN Effective November I,2008 Engineers S Plarmers 'T'tLU PER HOUR Trathc TfalnNportallun Principals Par king Principal Engineer......................... Associate Principal Engineer...................................,..._..................................,...$ 216.00 tinscntt,Law& PlanninglDesign Manager.,.,.,....,............,.........................................................3 201.00 Greenspan.Engineers 2 Excculive Circle Tra►rapartation Engineers salla 750 Senior'Fransportalion Engineer..........................................................................$ 178.00 irvrne.CA92614 Transportation Engineer I11.............................................................................,..5 158.00 949.825.6175 t Transportation Engineer 11 .............................................................I. .. ..............$ 133.00 908256173 r Transportation Engineer 1....................,..............................................................5 1 14.00 www llgengrneers.com Transportation Planners Pasadena Senior Transportation Planner............................................................................5 158.00 Irvine Transportation Planner III ..................................................................................$ 133.00 San[Naga Transportation Planner 11............,........................r...... .......................................$ 114.00 Woodland Hills Transportation Planner I.....................................................................................$ 102.00 Technical Support Engineering Associate 11 ....................................................................................5 113.00 Engineering Associate I..................,...................................................................5 104.00 Engineering Computer Analyst 11.......................................................................5 108.00 Engineering Computer Analyst 1...,.........................................................._......_3 85.00 Senior CA DD Drafter.........................................................................................a 109.00 CADDDrafter ill....................r................................................................._........$ 102.00 CADD Drafter 11 ................................................................................................5 90.00 CADD Draper I—,.............................................................................................S 77.00 Senior Engineering'rechniciian..........................................................................5 109,00 Engineering Technician I I......,......................r....................................,...,..,...,,.,.5 102.00 Engineering Technician 1 .......,...........................................................................$ 77,00 Word ProcessorlSecretary........,.........................................................................$ 72.00 Engineering Aide 1 ... $ 55.00 J,`.6•M tni01 ve et,a rczr. g' g ..............._.. ......... .... ..�...... ...........�.........,. .......,.... d,r��nl i?rerr,sr,nrr.pE,�;i M1 41 ,A{L%w.91 t., V ubIic I Ica ring and IiIigatiun support in a} be charged al 125°Io nl'[he batie rate. ConsuIIatian in conrxi on w•it11 acryy%V11',,san FF litigation and Courl appearances will he quoted separalel). ,.r rip+(C-anna Pc FrojceI-related mileage will he billed at the prevailing standard mileage rate as determined by the IRS. )avid 5 s'honcm.Pi S u heo ntractors ani!otiter project-related expenses will be billed at cost plus 15°0. Ahpe n 60a4mAr'.Pe ;rare M Luor Jaeger PE 1'bc above schedule is I-or slraigbI trine. Ovcaime wiII he charged at 1.50 times the standard hourly rales. interim and/or munthly statements will he presented liar cumplrlcd■■ork. 'These will be.due and payable upon ara'aidE Barrruv PE presentation unless prior arrangernenms are: made. A I'manee charge of 1 51fu may be charged each month on the tdrlq rsuyrry,pE unpaid halancc. 15 Mr. David Contreras EXHIBIT B March 22, 24 t S Page 7 FEE ESTIMATE Current Contract Authorization: $67,045.00 Contract Amendment No. i Budget Request: $6,696.00 Contract Amendment No. 2 Budget Request: $4,567.00 Con Amendment No.3 Budget Reg yest: S 14,5x$.00 Adjusted Contract Amount: $91$56.00 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:Sen for I ransportation I mL,inter Title: Date: March 22.2018 Date: 1 ti N/iH_1174x I t. 1'LI1'Lf SL!2.1 JU"'Jf111MWt11 4001 AIM L 1WJ1f8OL1 I r \I1i Gi111 41-41 LIKIFt..019W93-kML414n10O 11 A e�KA I.01'2-IK:I IAVI If Rn er 564-L 11-alrrnm 0111 Orn Hn•r I•I1..rmr.1• f'nm xrn• 5 r-4undr--I=1-f !dr n, 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 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 92575 ("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 (1S) 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 l and.3 of the Agreement are hereby amended in their entirety to read as follows: Page l ora ATTACHMENT 3 I. 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 S212,5$I. 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 34 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 Severabilit . 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. Z TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PLACEWORKS CITY OF SAN JUAN CAPISTRANO PLACE WORKS Approved By: Benjamin Siegel Signature City Manager Name Date Attested By: Title Maria Morris, City Clerk Date Approved As To Form: City Attorney Page 3 of 3 EXHIBIT A PLACEWORKS SERVICE AUTHORIZATION AMENDMENT NO. 2 PROJECT NO. 5JC 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 farce 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) 8 1,485 1,485 TA5K 6C.SCREENCHECK DRAFT FIR 37,920 10,060 47,980 TASK 6D. PUBLIC DRAFT FIR 4,520 2,900 7,420 REIMBURSABLE EXPENSE(OFFICE EXPENSE) 2,434 529 2,963 TOTAL CONTRACT AMOUNTS $ 184,232 $28,449 $272,681 PLACEWORKS CONSULTANT: CONSULTANT PlaceWorks STREET ADDRESS 3 MacArthur Place,Suite 1100 CITY STATE AND ZIP Santa Ana,CA 42707 AUTHORIZED Nicole Morse,Esq. TITLE Associate Principal REPRESENTATIVE 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 92575 AUTHORIZED David Contreras TITLE I Principal Planner REPRESENTATIVE Client's Authorized Representative Date Service Authorization Page 2 EXHIBIT B 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 2418-March 2019 @3 hours/month). This task -involves on-going coordination with Clty staff, subconsultants, and internal staff, and includes: (1) managing task scheduling and assignment, management of resources, monitoring of is Project Management&Administration costs,and schedule adherence;(2)consultation and coordination with $5,160 local arrd state agencies relative to the rmvironmental 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 bye City _ — — 1 Meetings and Public Hearings Attendance and preparation at seven(7)additional meetings and 4.515 _ conference calls. 42 Air Quality and GHG Modeling and The air quality and GHG emissions Cal EE 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. 25.0 _ 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 p July 3,2018 for River Street Marketplace, PlaceWorIts prepared the screencheck Draft EIR;submitted sections as they became available;reviewed and incorporated 3-4 rounds of 6C:Screencheck Draft E1R comments for each EIR section,as they became available.Additional 10,064 staff time was included to respond comments related to the hydrology;HRAR and incorporation 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 613:Public Draft EIR version,we will prepare a Notice of Availability 7,900 {NDA}. 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} 1 529 Contract Amendment No.2 $28,449 Contract Amendment No.1 $15,993 OrigfnaI Contra ct Total $168,239 New Contrad _ $212,68.1 t. Includes a 10 percent markup, 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 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 Pasco Adelanto, San Juan Capistrano, California 92675 ("City") and LG2WS 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 l and 3 of the Agreement are hereby amended in their entirety to read as fotlows: 1. Services. Page I oi'3 ATTACHMENT 4 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 A rg cement. 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 Pagel 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, ENGINEERS Benjamin Siegel City Manager Signature Date Attested By: Name Maria Morris, City Clerk Title Approved As To Form: Date City Attorney Page 3 of I EXHIBIT A Lmscvt GREENSPAN December 13,2018 Enyineors&Planners Trat ic Transportation Mr. David Contreras Parking Development Services Department City of San Juan Capistrano Greenspan,Engineers 32400 Paseo Adelanto 2 Executive circle San Juan Capistrano,CA 92675 suite 250 Irvine,CA 92614 949.625.5175 r LLG Reference: 2.17.3910.1 949,929173 F wwwAgengineers.cum Subject: Attached Contract Amendment Request No.4(#2 for SJQ River Street development Pasadena San Juan Capistrano, California Irvine San Diego Dear Mr. Contreras: Woodland Hills Linscott, Law & Greenspan, Engineers (LLG) is submitting the attached Revised Contract Amendment Request No. 4 (42 for SJQ related to the River Street Development project (hereinafter referred to as Project) in the City of San ,Tuan 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, cast 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 linscatt,PEI 1sH mmol have a parking supply of approximately 292 on-site parking spaces (+1-5%). In JackM.Green span,PElpia l addition, depending which of the two design options are ultimately selected, the William A Law,PE feel Paul W.Wilkinson,PE Project may include parking along Paseo Adelanto, along the Project frontage and Jahn 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 JohnaBoarnleo,PE driveway on Los Rios Street. Please note that emergency access will be provided via Clare M Look-Jaeger,PE Richard E Barrena,PE Ked 9 Maherry,PE An LUM 6amp3try;6'JF lLd!19ar, Mr. David Contreras LINSCOTT December 13, 2018 Page 2 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) farm refers to our original contract dated August 24, 2417, 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 Lawwar Saiyed,P.E. Senior Transportation Engineer Attachment ... ,i ..... aunmu1 ;a..gun„ '.Ipmpair• '•I^1.nu nnq ndl«i'antiri,a�IPntlfRRln.�Nn• --nn•••I 'I PI PVOJl Ie Lol%•I inn+i inn I,au . .i,.. ..i .vilintlmunh -,. Lei 0 . i'-I J%4JTIC1.. Mr. David Contreras LINSCOIT December 13, 2018 Page 3 GRFENSPAN 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 VIC 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 Strect 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 Mr. David Contreras December 13, 201$ Page 4 GREENSPAN reports were suitably documented with tabular, graphic and appendix materials. The reports were submitted for your review by appropriate members ofthe Project team and City Staff on May 9, 2018, May 29, 2018, June 13,2418 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 5 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 continents 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. 'Phis proposal allocates two-and- half(2.5) hours of preparation and participation by the Principal Engineer at each of these meetings Mr. David Contreras LINSCOT December 13, 2018 Page 5 EXHIBIT B GREBSPAN FEE ESTIMATE Current Contract Authorization: $ 67,045.00 SJC Contract Amendment No. 1 (LLG#1, #2,0)Budget Request: $ 25,811.00 LLG Contract Amendment No. 1 Budget Request: $6,686.00 LLG Contract Amendment No. ?Budget Request: $4,567.00 LLG Contract Amendment No. 3 Budget Request: $ 14,558.00 SJC Contract Amendment No.2 (LLG 44) Budeet Request; S 28,607.1111 15% Reduction: 44,291.0 4,291.0X1 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: 5enior__Transponation Engineer Title: Date: December 13,2018 Date: LINSCOTT,LAW&GREENSPA N,ENGINEERS FEE ESTIMATE-NOVEMBER 1,2008 FEE SCHEDULE JOB NO. 108 DE5CIUPTI 0N:IdiSlrrrt Phlupnn;n.%nn hwLu f;,Iuruno BILLING ti BY TA- TOTAL COST PER TITLE RATE 1 2 3 3 5 6 7 8 9 111 11 12 HOURS TITLE Pdnl:i al En incer 8252 V.' x 46 $11.466 Senior TE $178 lit v in 66 511.748 rpt SI14 18 R4-412 FA 11 51 13 9 S90J Aide 1 $55 0 fU 1H1➢it[PF.R TASK 34 54 16 10 10 in 175 0 0 0 0 0 I58 1'O DAL COST 56,272 $9.175 1 31.780 1 11.928 51,928 $;,856 54.410 5O 10 SO $0 $0 S284450 SI4 W$ RA'[Fl COS7'PF:R ITEM COST N OF M[LES #OF UNITS 1'i'EM Auto Reimbursement 5.535 1-1a I /151.011 14 Yl"•A I.IiF:I�11Li'ktiA 1S 1.F:ti $157.00 SCOCONSULTANIS #OF #OF f:OST PER MARK. NAME DESCRIPTION 4 OF LOCATIONS #OF PERSONNEL DAYS HOURS MISE'I MISE 2 UNr[ up COST :ubcnnsullonl A Aft awl PM P?9l P¢tnxl Isllemoctim Counts 0°, SO-00 AAI and 1`51 Peak Prriud Inj4:jU tfPn('num, 6I. S0.00 At Cm C Dail Dfaffic Conn IY IN. W.W iubcnnsullan(0 Tmf lu M0deli n• 0% $0.00 I)OT'AL S 0 8CONSULTA NT COST S031k) T(YI'AL BUDGKI - - - 5211,607,011 15%REOIJCTION _5.4,241.I1n FINAL 1-(YIAL BU UG EI Sts;16-flu