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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: N 390LIk2.I 7391')-R, er Stmt clooint•nt.San Juan Cap.urano,I I-\PA and Contracts.Coniract krnandrnents.6 for SJC- I92173910-Ricer Strlei DC1 clopment,San 111311 Capistrano- Contract Arnandm,ot--t+1=-1 for WI-07-03-19 Joc, LINSCDTr 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 .