19-0820_LG2WB ENGINEERS, INC_Amd No. 3 to the Professional Services Agreement AMENDMENT NO. 3
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
LG2WB ENGINEERS, INC.
1. Parties and Date.
This Amendment No. 3 to the Professional Services Agreement is made and entered into as
of this ) day of August, 2019, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and LG2WB Engineers,
Inc., a California Corporation, dba Linscott, Law & Greenspan, Engineers, with its principal place of
business at 2 Executive Circle, Suite 250, Irvine, CA 92614 ("Consultant"). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
Professional Services Agreement dated November 7, 2017 ("Agreement") for the purpose of
retaining the services of Consultant to provide Preparation of a Traffic Impact Analysis (TIA) for the
River Street, San Juan Capistrano project.
2.2 Amendment No. 1. On April 3, 2018,. the City and Consultant entered into
Amendment No. 1 to the Agreement(Amendment No. 1) to revise the scope of services and increase
the not-to-exceed compensation amount.
2.3 Amendment No. 2. On January 15, 2019, the City and Consultant entered into
Amendment No. 2 to the Agreement(Amendment No. 2) to revise the scope of services and increase
the not-to-exceed compensation amount.
2.4 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.
2.5 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3 of
the Agreement.
Page 1 of 3
3. Terms.
3.1 Amendment. Sections 1 and 3 of the Agreement are hereby amended in their entirety
to read as follows:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit"A."
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 $141,554. 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 en 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.3, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever
the term"Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 3.
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. 3.
3.4 Severability. If any portion of this Amendment No. 3 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.3 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
Benja ie
Ci anager ,�
Signature
Date
Attested B.
; Richard E. Barretto, P.E.
Name
P
Ma�i1(Vlorrif, City"Clerk Title Princial
Approved As To Forrm: August 5, 2019
lof,ka44i
�e Date
orney r
Page3of3
EXHIBIT A LINSCOTT
LAW &
GREENSPAN
engineers
July 3, 2019 Engineers&Planners
Traffic
Mr. David Contreras Transportation
Parking
Development Services Department
City of San Juan Capistrano
Linscott,Law&
32400 Paseo Adelanto Greenspan,Engineers
San Juan Capistrano, CA 92675 2 Executive Circle
LLG Reference: 2.17.3910.1 Suite 250
Irvine,CA 92614
949.825.6175 r
Subject: Attached Contract Amendment Request No. 6 (#4 for SJC) sas.625 17s F
River Street Development vwvw.11gengineers.com
San Juan Capistrano, California
Pasadena
Dear Mr. Contreras: Irvine
San Diego
Woodland Hills
Linscott, Law & Greenspan, Engineers (LLG) is submitting the attached Revised
Contract Amendment Request No. 6 (#4 for SJC) related to the River Street
Development project (hereinafter referred to as Project) in the City of San Juan
Capistrano, California. This Contract Amendment is for continuing traffic
engineering support services related to the preparation of additional responses to
traffic-related public comments, inclusive of comments from Briggs Law
Corporation, received on the Traffic Impact Analysis and/or traffic section of the
DEIR on the River Street Development and additional technical analyses requested
by Caltrans as it relates to intersection service level and queuing qt the I-5
Freeway/Ortega Highway Interchange as described in the forthcoming section.
The attached Contract Amendment Request No. 6 (#4 for SJC) form refers to our
original contract dated August 24, 2017, such that all terms and conditions agreed to in
that document will continue to apply except as amended herein. If you concur, please
countersign the original form and return it to our office. If you have any questions,
please call.
Sincerely, Philip M.Linscott,PE11924-2000)
Linscott,Law& Greenspan,Engineers Jack M.Greenspan,PElRecl
William A.Law,PE(Ret.l
(06witt Paul W.Wilkinson,PE
John P Keating,PE
Richard E. Barretto, P.E. David S.Shender,PE
• John A.Boarman,PE
Principal
Clare M.Look-Jaeger,PE
Richard E.Barretto,PE
Attachment
Keil D.Maherry,PE
4n LGZUJB Company Founded 1566
Mr. David Contreras LINSCOTT
July 3, 2019
Page 2 LAW &
GREENSPAN
engineers
Client: Mr. David Contreras
Development Services Department
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
LLG Reference: 2.17.3910.1
Project: River Street Development
San Juan Capistrano, California
SCOPE OF WORK:
Task I Coordinate and provide traffic engineering support, as necessary, and
participate in conference calls with the City staff and/or Project team. Review
additional traffic-related comments received from public and confirm list of
comments that need to addressed with the project team, inclusive of those
•
made at the May 14, 2019 Planning Commission hearing.
Task 2 As a supplement to the Project's DEIR traffic impact analysis, using the
Synchro Traffic Signal Coordination Software, conduct an operational
analysis for the following locations in response to Caltrans additional
comments to assess queuing:
1. Del Obispo Street at Ortega Highway (Traffic Operation Hot Spot)
2. I-5 SB Ramps at Ortega Highway (Traffic Operation Hot Spot)
3. 1-5 NB Ramps at Ortega Highway (Traffic Operation Hot Spot)
Prepare a response memorandum that summarizes the results of the Synchro
analysis
Task 3 Based on a review of the additional traffic-related comments, inclusive of
comments from Briggs Law Corporation, prepared written responses to
additional traffic-related comments. Coordinate with the City staff and the
Project team as necessary. Submit response to City staff and the Project
team for review. Update responses, as necessary, and provide final written
responses for inclusion in the supplemental environmental document.
Task 4 Project Coordination - It is envisioned that the project team coordination
will be handled via conference calls, emails, and/or fax transmittals.
N•;400217 o I 0-Ri,er Street Des-_lopment.San Juan Cambtranot I I-NPA and Contracts\Contract.Amendmems1o6(d-4 Cor SJC-07-03-I'R2I73010-River Street De,elopment.San Juan Capistrano-
Contract.-Amendment 46(4 for SIC)-07-03-I9 doe,
Mr. David Contreras EXHIBIT B LINSCOTT
July 3, 2019 LAW &
Page 3
GREENSPAN
FEE ESTIMATE
Current Contract Authorization: $ 67,045.00
SJC Contract Amendment No. I (LLG #1, #2, #3) Budget Request: $ 25,811.00
LLG Contract Amendment No. 1 Budget Request: $ 6,686.00
LLG Contract Amendment No. 2 Budget Request: $ 4,567.00
LLG Contract Amendment No. 3 Budget Request: $ 14,558.00
SJC Contract Amendment No. 2 (LLG #4) Budget Request: $ 28,607.00
SJC Contract Amendment No. 2 (LLG #4) 15% Reduction: -$ 4,291.00
SJC Contract Amendment No. 3 (LLG #5) Budget Request
$ 5,952.00
(Pending):
SJC Contract Amendment No. 4 (LLG #6) Budget Request: 518,430.00
Adjusted Contract Amount: $ 141,554.00
Actual charges for scope of services could ultimately be less or more but would
obviously reflect the level of effort needed (and requested) to accomplish your
objectives. However, this initial authorization would not be exceeded without your
specific written authorization.
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: Principal Title:
Date: July 3. 2019 Date:
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Contract Arnandm,ot--t+1=-1 for WI-07-03-19 Joc,
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LINSCOTT,LAW&GREENSPAN,ENGINEERS LAW 8
FEE ESTIMATE.NOVEMBER 1,2008 FEE SCHEDULE GREENSPAN
JOB NO. 2.17.3910.1-Contract Amendment#6 194 for SJC) JOB DESCRIPTION: River Street Development,San Juan Capistrano e n g r,.«.
03-Jul-19
BILLING HOURS BY TASK TOTAL COST PER
TITLE RATE I 2 3 4 S 6 7 8 9 10 II 12 HOURS TITLE
_Principal Engineer 5252 4 2 3 6 20 55,040 _
Senior TE 5178 6 5 20 6 40 57.130
TE II S133 20 10 30 S3,990
TE
TEl $114 10 10 20 S2,280
EA 11 S113 0 ' SO
Aide 1 355 0 SO
HOURS PER TASK 10 40 48 12 0 0 0 0 0 0 0 0 Ito
TOTAL COST $2,076 S5,728 55,046 S2,580 SO SO SO SO SO SO SO SO 518,430 _
$7,804
REIMBURSABLES
RATE! COST PER
ITEM COST #OF MILES #OF UNITS ITEM
Auto Reimbursement $0 535 0 I $0.00
TOTAL REIMBURSABLES S0.00
SUBCONSULTANTS
•
#OF #OF COST PER MARK-
NAME DESCRIPTION #OF LOCATIONS #OF PERSONNEL DAYS HOURS MISC I MISC 2 UNIT UP COST
Subconsultant A AM and PM Peak Period Intersection Counts 0% $0.00
AM and PM Peak Period Intersection Counts 0% $0.00
Average Daily Traffic Counts 0% $0.00
Subconsultant B Traffic Modeling 0% SO 00
TOTAL SUBCONSULTANT COST S0.00
TOTAL BUDGET _ `,a.:_-', :..„I SI8,430.00 .