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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: 7 • l'>o Be in Signature City Mane er 61-(/(-(1 Name Date C E o Attes Title e / M Mar orris, City rk Date Appro d As To Form: `City orney (% 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 8/19/19(C:\Users\arauterkus\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XYOVDU61\traffic amendment.docx) 2 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 7/17/19 a\\vcorp12\projects\JCA1803\Project Management\Budget Amendments\Budget Amendment July 2019_rev.docxn 2 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 • 7/17/19 a\\vcorp12\projects\JCA1803\Project Management\Budget Amendments\Budget Amendment July 2019_rev.docxn 3