19-0903_LSA ASSOCIATES, INC._Amd No. 1 to Professional Services Agreement AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
LSA ASSOCIATES, INC.
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as
of this day of September, 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 LSA
Associates, Inc., a California Corporation with its principal place of business at 20 Executive Park,
Suite-200, 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 5, 2018 ("Agreement") for the purpose of
retaining the services of Consultant to provide preparation of environmental document for Ganahl
Lumber project (AC 18-021).
2.2 Amendment Purpose. The City and Consultant 'desire to amend the Agreement to
revise the scope of service and increase the not-to-exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of
the Agreement.
3. Terms.
3.1 Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as
follows:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibits "A," "C," and"D."
Page 1 of 3
3.2 Amendment to Section 2. Compensation. Section 2 of the Agreement are hereby
amended to read as follows:
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 Exhibits "B," "C,"
and"D."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $285,335. 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.
3.3 Incorporation of Exhibit "C" and "D." Scope and Budget for Updated Traffic Impact
Analysis and Draft EIR updates. The Additional Scope and Budget Letters attached hereto are
hereby incorporated into the Agreement as Exhibits "C" and"D."
3.4 Continuing Effect of Agreement. 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. 1.
3.5 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.
3.6 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
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND LSA ASSOCIATES,INC.
CITY OF SAN JUAN CAPISTRANO LSA ASSOCIATES, INC.
Approved By:
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Be in Signature
City Mane er
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Date C E o
Attes Title
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Mar orris, City rk Date
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Page 3 of 3
EXHIBIT C
L SA CARLSBAD
FRESNO ESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
February 26, 2019 RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
Sergio Klotz
City of San Juan Capistrano
34200 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Contract Amendment Request for the Ganahl Lumber Yard Project
Dear Mr. Klotz:
As you know, LSA is under contract with the City of San Juan Capistrano (City)to prepare the
environmental document required for compliance with the California Environmental Quality Act for
the Ganahl Lumber Yard project, including preparation of a Traffic Impact Analysis (TIA).
Based on the preliminary traffic analysis conducted to date and discussion with City staff on
February 25, 2019, additional tasks have been recommended in support of the project and the TIA.
A description of each task is described below.
Traffic Impact Analysis—Additional Tasks
• New Orange County Transportation Analysis Model (OCTAM)Select Zone Assignment—LSA
will utilize the OCTAM to produce a select zone assignment for the existing Ganahl Lumber Yard
(34162 Doheny Park Road,Capistrano Beach) located approximately 0.7 miles from the project
site.The purpose of the select zone assignment is to identify the trip distribution characteristics
of the existing Ganahl Lumber Yard. LSA will discuss the results of the select zone assignment
with City staff to determine the appropriate trip reductions at the project study area
intersections and roadways (including Del Obispo Street/Stonehill Drive and Stonehill Drive
between Del Obispo Street and Camino Capistrano).
• Volume Adjustments—The current OCTAM select zone assignment for the project indicates a
67/33 east/west split at the project driveway along Stonehill Drive. In coordination with City
staff, LSA will update the east/west trip distribution percentages to more accurately reflect the
existing customer travel patterns. Any project trip distribution revisions will be applied in
conjunction with any trip reductions for the existing Ganahl Lumber.
• Additional Level of Service(LOS)Analyses—Per Administrative Policy 310 and the approved
scope of work for this project,the City requires that four scenarios are evaluated in the TIA
(i.e., Existing, Existing Plus Project, Existing Plus Project Plus Cumulative Projects,and Buildout
[including the project]). Because one study area intersection (Del Obispo Street/Stonehill Drive)
is within the jurisdiction of the City of Dana Point,two additional LOS analyses are required to
determine whether a impact occurs at this location based on the City of Dana Point's
significance criteria (i.e., Existing Plus Cumulative Projects [No Project] and Buildout[No
Project]).
20 Executive Park,Suite 200,Irvine,California 92614 949.553.0666 www.lsa.net
LSA is a business name of LSA Associates,Inc.
L S A
• Revisions to LOS Analyses and TIA-Based on the tasks described above, LSA will update all
associated LOS analyses and incorporate the results and findings in the TIA.
Budget Amendment
LSA respectfully requests a budget augment of$4,000 to cover the additional tasks described above.
The current budget for LSA's services in support of the project is$221,835,which includes $53,005
for the TIA.The requested budget augment will bring the total contract amount to$225,835 with a
revised TIA budget of$57,005. )
Thank you in advance for your consideration of this contract amendment. If you have any questions,
please contact me at(949) 553-0666.
Please indicate your agreement to the terms included in this augment request by signing below and
returning this contract. As always,we appreciate the opportunity to be of service to you.
Sincerely,
LSA Associates, Inc.
4,9)
Ashley Davis
Principal
THE ABOVE STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED.
CONSULTANT: CLIENT:
LSA Associates, Inc. City of San Juan Capistrano
•
Ashley Davis Authorized Signature
Principal
Title Title
Date Date
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EXHIBIT D
L CARLSBADFRESNO
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
July 17, 2019 RIVERSIDE
ROSEVILLE
Sergio Klotz, Development Services Assistant Director SAN LUISOBISPO
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
Subject: Contract Amendment Request for the Ganahl Lumber Project in San Juan Capistrano,California
Dear Mr. Klotz:
LSA is pleased to continue our work with the City of San Juan Capistrano (City) on the Ganahl Lumber Project
(project).As you are aware, LSA is currently under contract to prepare the Initial Study(IS), Environmental
Impact Report(EIR), and associated technical studies for the proposed project.According to information
received from City staff on July 8 and 9, 2019,the maximum building area of the proposed fast-food
restaurant is increasing from 5,000 square feet(sf)to 6,000 sf.As a result,the project now consists of a
151,074 sf Ganahl Lumber hardware store and lumber yard (total of 167,385 sf, including the exterior
overhang areas), a 399-space vehicle storage facility,and 6,000 sf of fast-food restaurant use.Additionally,
Ganahl Lumber Company(Project Applicant) has requested a project-level analysis of three development
alternatives in the Draft EIR and technical studies.The three development alternatives would evaluate the
Ganahl Lumber hardware store and lumber yard,the vehicle storage as proposed, and three options for the
proposed fast-food restaurant use (i.e.,0 sf, 2,000 sf,and 4,000 sf).
This letter requests a contract amendment for LSA's assistance with out-of-scope services related to project
changes that will require expanded analysis.of the Draft EIR, completion of an expanded Traffic Impact
Analysis(TIA),and additional project management tasks.We have outlined the reasons for this request
below and have included a table indicating where the additional funds would be allocated.
SCOPE OF WORK
Task 1: Draft EIR Updates
Subtask 1.1:Screencheck Draft EIR Update
LSA has initiated preparation of the Project Description and has completed several non-technical sections of
the Screencheck Draft EIR. Due to changes to the project, LSA will revise the Screencheck Draft EIR to be
consistent with the maximum building area of 6,000 sf for the proposed fast-food restaurant uses. LSA will
also revise the Screencheck Draft EIR to explain why the Initial Study/Notice of Preparation (IS/NOP)was not
recirculated despite the changes to the project.
Subtask 1.2:Project-Level Alternatives Analysis
LSA's approved Scope of Work includes the analysis of three project alternatives in the Draft EIR:the No
Project Alternative and two other alternatives to be developed through the environmental analysis process.
The No Project Alternative would still be analyzed at a qualitative level in the Alternatives section. However,
based on direction from the project applicant,three additional project alternatives would be analyzed at a
project-level in the Draft EI,R.
Under Subtask 1.2, LSA will provide a project-level analysis of three development alternatives in the Draft EIR.
The three development alternatives would evaluate 0 sf, 2,000 sf,and 4,000 sf of proposed fast-food
restaurant use.The three development alternatives would be analyzed at a more detailed project level in
20 Executive Park,Suite 200,Irvine,California 92614 949.553.0666 www.lsa.net
L SA
each environmental topic section,and would include a quantitative analysis as applicable for the proposed
project.The project-level alternatives discussion would enable the City to adopt one of the alternatives as the
preferred project, if desired,and would provide the substantial evidence required to make California
Environmental Quality Act(CEQA)findings.
The scope and budget for the Traffic Study Project-Level Alternative Analysis is included in Task 2 below.
Please note that a project-level alternatives analysis would be also required for the air quality,greenhouse
gas (GHG)emissions,energy calculations,and noise studies currently being prepared by ECORP. In addition,
addendums summarizing whether the proposed alternatives would change any conclusions would be
required for the Biological Technical Report(ECORP,January 2019),the Aquatic Resources Delineation Report
(ECORP, February 2019),and the Preliminary Hydrology and Hydraulic Analysis(Joseph C.Truxaw&
Associates, Inc., May 2018) in order to substantiate the alternatives analysis.
Task 2:Traffic Impact Analysis
Due to changes to the project, LSA will revise the TIA to be consistent with the maximum building area of
6,000 sf for the proposed fast-food restaurant use. In addition,the revised TIA will include a maximum of
three project-level alternative analyses evaluating 0 sf,2,000 sf,and 4,000 sf of proposed fast-food
restaurant use,along with the Ganahl Lumber hardware store and lumber yard,and vehicle storage as
proposed. Revision of the TIA,would include all associated "plus project"volumes, level of service(LOS)
analyses,tables,graphics,and appendices for the project-level and alternative analyses.The new TIA will
take approximately 5 weeks from the Notice to Proceed to complete.
Task 3: Project Management
This task represents an active Project Management role,which includes attendance at various project
meetings and coordination with agencies and interested parties.The Project Management role provides a
mechanism to ensure there is an adequate exchange of information and coordination during preparation of
the IS/NOP and Draft EIR. Due to the time that has elapsed since the initiation of work on the proposed
project,and because several additional meetings have been required to address traffic and project
description issues,we estimate that additional Project Management budget is required to see the project
through completion.
BUDGET
LSA respectfully requests a budget amendment in the amount of$59,500 to cover the out-of-scope items and
the additional tasks as described above.Table A provides the cost breakdown by task. Following approval of
this budget amendment,the total contract value would be$281,335.
Table A: Fee Estimate By Task
Task Budget
Task 1:Draft EIR Updates - --
Subtask 1.1:Screencheck Draft EIR Update $6,000
Subtask 1.2:Project-Level Alternatives Analysis $18,000
Task 2:TIA $28,000
Task 3:Project Management $7,500
Total $59,500
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LSA
LSA welcomes the opportunity to discuss the details of this request for a contract amendment. If you have
any questions, please contact me at(949)553-0666.
Thank you in advance for your consideration of this contract amendment. LSA looks forward to continuing
work on the Ganahl Lumber Project.
Sincerely,
LSA Associates, Inc.
4/1"
Ashley Davi
Principal
THE BELOW STATED TERMS ARE HEREBY ACCEPTED AND AUTHORIZED (LSA Contract Amendment in the
amount of$59,500 to JCA1803 for the Ganahl Lumber Project)
CONSULTANT: CLIENT:
LSA Associates, Inc.
Company Company
Authorized Signature Authorized Signature
Name Name
Title Title
Date Date
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