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19-0820_LG2WB ENGINEERS, INC._E6_Agenda Report8t2012019 E6 City of San Juan Capistrano Agenda Report TO: Honorable Mayor and Members of the City Council FROM: ñn¡^ in Siegel, City Manager SUBMITTED BY: Joel Rojas, Development Services Directo ,Y PREPARED BY: David Contreras, Principal Planner DATE: August 20,2019 SUBJECT Third Amendment to the Professional Services Agreement with Placeworks for the Preparation of an Environmental Document Pursuant to the California Environmental Quality Act (CEQA), and Third Amendment to the Professional Services Agreement with Linscott, Law & Greenspan, Engineers, for the Preparation of a Traffic lmpact Analysis (T¡A), both related to the Proposed River Street Marketplace Project (Dan Almquist, Frontier Real Estate lnvestments) RECOMMENDATION: 1. Approve and authorize the City Manager to execute Amendment No. 3 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 $256,581, to be funded by the applicant. 2. Approve and authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Linscott, Law & Greenspan, Engineers (LLG) for the preparation of a Traffic lmpact Analysis, at a cost not-to-exceed $141,554, 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 Marketplace project, at a cost not-to-exceed $168,239. lt was subsequently determined that the appropriate environmental document for the project would be an Environmental lmpact Report (ElR). City Council Agenda Report August 20,2019 Paqe 2 of 3 On November 7,2017, the City also entered into a Professional Services Agreement with Linscott, Law & Greenspan (Attachment 2) for the preparation of a Traffic lmpact Analysis (TlA) for the River Street Marketplace project, at a cost not-to-exceed $67,045. On April 3,2018, the City Council approved amendments to the Professional Services Agreements with Placeworks and Linscott, Law & Greenspan. These first amendments were needed 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. The first amendments increased the cost of Placeworks' scope of work from $168,239 to $184,232 (Attachment 3), and increased the cost of Linscott, Law & Greenspan's scope of work from $67,045 to $92,856 (Attachment 4). On January 15, 2019, the City Council approved second amendments to the Professional Services Agreements with Placeworks and Linscott, Law & Greenspan. These second amendments involved additional technical tasks, such as additional biological assessments, an updated noise analysis and updated trip generation calculations, as well as additional coordination meetings. The second amendments increased the cost of Placeworks' scope of work from $1 84,232 to $212,681 (Attachment 5), and increased the cost of Linscott, Law & Greenspan's scope of work from $92,856 to $1 17,172 (Attachment 6). Preparation of the project's Final EIR has been completed and the Final ElR, along with the proposed project's applications, are before the City Council as a separate agenda item for consideration. The preparation of the Final ElR, which included responses to comments, necessitated additionaltechnicaltasks, such as additionaltraffic counts, traffic modeling, and preparation of a fiscal and economic impact analysis, as well as additional coordination meetings. As a result, third amendments to the agreements with Placeworks and Linscott, Law & Greenspan are necessary. The proposed third amendment to the agreement with Placeworks (Attachment 7) would increase the cost from $212,681 to $256,581. The proposed third amendment to the agreement with Linscott, Law & Greenspan (Attachment 8) would increase the cost from $117,172 to $141,554. 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 is solely funded by the project Applicant. ENVIRONMENTAL IMPACT: ln accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from CEQA per Section 15061(bX3), 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 agreements with Placeworks and Linscott, Law & City Council Agenda Report August 20,2019 Paqe 3 of 3 Greenspan 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 CO UNCIL REVIEW: On January 15, 2019, the City Council approved and authorized the City Manager to execute Amendment No.2 to the Professional Services Agreements with Placeworks and Linscott, Law & Greenspan. a 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. On November 7,2017, the City Council approved separate Professional Services Agreements with Placeworks and Linscott, Law & Greenspan. COMMISSI N/COMMITT EE/BOARD REVIEW AND RECOMMENDATIONS a a Not applicable. NOTIFlCATION: Dan Almquist Placeworks Linscott, Law & Greenspan, Engineers ATTACHMENT(S) Attachment 1 - 2017 PSA - Placeworks Attachment2 - 2017 PSA - Linscott, Law & Greenspan, Engineers Attachment 3 - 2018 PSA - Placeworks - Amendment No. 1 Attachment 4 - 2018 PSA - Linscott, Law & Greenspan, Engineers- Amendment No. 1 Attachment 5 - 2019 PSA - Placeworks - Amendment No. 2 Attachment 6 - 2019 PSA - Linscott, Law & Greenspan, Engineers- Amendment No. 2 Attachment 7 - 2019 PSA - Placeworks - Amendment No. 3 Attachment 8 - 2019 PSA - Linscott, Law & Greenspan, Engineers- Amendment No. 3 CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of NWtftf f 1 ,, zal1 by and between tfre ıity of San Juan Capistrano, a municipal corporation organized and operating under the laws ót tfle 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 ptace öf business at 3 MacArthur Place, Suite 1100, Santa Ana, CA92707 (nàreinatter referräd 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 lnitial Study (lS) and subsequent environmental document, as required by the initial study, for the Rrver Street, San Juan Capistrano project, which will likely include the following éntitlements: Code Amendment (CA) 16-003, Architectural Control (AC) 16-029' Grading'Ptan Modification (GPM) 16-014, Flood Plain Land Use Permit (FP) 16-003, Tree Removãt 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' AGREEfVIENT 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. ln no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $168,239. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses' þeriodic 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 1 3. AdditionalWork. lf changes in the work seem merited by Consultant or the City, and informal consultations witn the other party indicate that a change is warranted, it shall be processed in the following manner: a lettei ouitining the changes shall be forwarded to the City by Consultant with a statément of estimated changes in fee or time schedule. An amendment to this Agreement shalt be prepared by the City anO executed by both Parties before performance of sùch 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, accounling 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 toui 1+¡ years from the date of final payment under the contract for inspection by City. 5. Time of-Performance. Consuttant 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"). ôonsultant shail complete the services required hereunder by December 31, 2018. The Notice to Proceed shall set forth the date of commencement of work. 6. Delavs 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- perfórming party. For purposes of this Agreement, such circumstances include but are not i¡m¡teO to, abnormal weatlrer conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or iudicial 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. Comoliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Ca|/OSHA requirements' b. lf required, Consultant shall assist the City, as requested, ín obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. lf applicable, Consultant is responsible for all costs of clean up and/ or removalof hazardous and toiic substances spilled as a result of his or her services or operations performed under this Agreement. 2 B" Standard-ç¡f -Care Consultant's services wíll be performed in accordance with generally accepted professionat pract¡ces ånd principles and' in a manner consistent with the level of care and skill ãrdinarily exercised by members of the profession currently practicing under similar conditions' 9. Assisnr!9nt and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement withouithe 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 constitutjgrounds for termination. Subcontracts, if any, shall contain a prävision making them subject tdall provisions stipulated in this Agreement. Nolhing contained i.rere¡n shall preùent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. lndePendentConsultant 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. lnsurance. Consuttantshall notcommenceworkfortheCityuntil ithasprovided evidence satisfactoffithe City it has secured all insurance required under this section. ln addition, consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. CommeJci.alGeneralLiability (¡) The consultant shall take out ang maintain, during the performance of all wòir uncer this Agreement, in amounts not less than specified herein, Commercial General Liability lnsurancelin 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) lnsurance services office commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent' (iii) Commercial General Liability lnsurance must include coverage for the following: (1) (2) (3) (4) (5) (6) Bodily lnjury and ProPertY Damage Personal lnjury/Advertising lnjury P remises/OPerations LiabilitY Products/Completed Operations Liability Aggregate Limits that Apply per Project fi[tos-ion, Collapse and Underground (UCX) exclusion deleted Contractual Liability with respect to this Contract 3 (7) (B) Broad Form ProPertY Damage(9) lndependentConsultantsCoverage (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. (vì) 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. Automobilq LiabilitY (¡) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability lnsurance 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 Cify. (¡i) Coverage for automobile liability insurance shall be at least as broad as lnsurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol '1, any auto). (¡¡i) 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. Workerç'Comoensation/Emplover's LiabilÍtv (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 Consultani 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 lnsurance Act," Division lV 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 coveÍage of the same type and limits as specified in this section. 4 d. Profqssional Liabilitv (Errors and Omisgions) At all times during the performance of the work under this Agreement the Consultant shall maintain professioñal 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 againit acts, errors or omissions of the Consultant. "Covered Professional Services" as désignated in the policy must specifically include work performed under this Agreement. The policì¡ must,,pay on behalf of'the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policv Limils'Required ' (i) The following insurance limits are required for the Agreement: Combined Sinole 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 $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits' (ii¡) Requirements of specific coverage or limits contained in this section are not intendèd'as a limitation on coverage, limits, or other requirement, or a waiverof any coverage normally provided by any insurance. Any available coverage shall be provided to thé parties iequired tobe named as Additional lnsured pursuant to this Agreement. f. Evidençe Rpquired 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 (or insurer's equivalent) signed by the insurer's representative and Certificate of lnsurance (Acord Form 25- S'or equivalent), toiether with requìred endorsements. All evidence of insurance shall be signed 'by " properli authorized o*icer, agent, or qualified. representative of the insurer and sñall certity the namês of the insured, any ádditional insureds, where appropriate, the type and amount of tne insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Poliçv Pfovisions Required 5 (¡) consultant shall provide the city at least thirty (30) days prior written notice ot caÀâeltation of any policy required by this Agreement, except that the Consultant snatt proviáe at least ten (t0) days prior written notice of cancellation of any such policy due to non-p"y*"nt of premium. lf any of the required coverage is cancelled or expires bur¡ng the term oi tn¡u Agreement, the consuttant shall deliver renewal certificate(s) including the General Liabitity Addìiional tnsured 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 pråvision 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 ot tÀ¡é Agreement. consultant shall maintain such coverage continuously for a period of at teast tñreã 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 e*ective oate òt'ttlis Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is reótaced by iinother cJaims-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, sfraU ôontain.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 ¡nsuianóe evidence in compliance with these specifications to waive their right of recovery prior to à torr, Consultant frereby waives its own right of recovery against City, and shall require simílar 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 àie maoe 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 .ou"r"jé, nor shall it limit the consultant's indemnification obligations to the city and shall not pr"c¡îcã the city from taking such other actions available to the city under otlrer provisions of the Agreement or law' h. Qualifuino lnsvrers (i) All policies required shall be issued by acceptable insurance companies, as determíned by tne City, which satisfy the following minimum requirements: (1)Eachsuchpolicyshallbefromacompanyorcompanies with a current R.tr¡. geit's rating of no less than A:Vll and admitted to transact in the business of insurance in the Staie of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California lnsurance Code or anY federal law. i. Additional lnsurance P[ovisions (¡) The foregoing requirements as to the types and limits of insurance coverage to ne maintained by Consùltant, and any approval of said insurance by the City' is not intended to and shall nót 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. (ii) lf at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with lhese specifications or is canceled and not replaced, City hás the right but not the duty to obtain the insurance it deems necessary and any premium páiC Uy City will be promptly reimbursed by Consultant or City will withhold amounts sufficient tó pay þremium from Consultant payments. ln the alternative, City may cancel this Agreement. (¡ii) 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 ne personally responsible for any liability arising under or by virtue of this Agreement. j. $ubcgnsultaçt lnsurar:rce Requirements. Consultant shall not allow any subcontractors or subðònsuttants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under ihis 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. lf requested by Consultant, City may approve different scopes or minimum limits of insurance for particular su bcontractors or subconsultants. 12. lndemnificatíon. 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, officeri, employee!, agents and volunteers free and harmless from any and all claims, demands, causes of "ót¡on, 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, þertaíning to, or incident-to any a¡eged acts, errors or omissions, or willful misconduct of bonsutta-nt, its officials, officers, åmployees, subcontractors, consultants or agents in connection with the performance of the Consultant's services, the Project or this Agreement, including without limitatíon the payment of all consequential damages, expert witness fees and attorneys' fees and other relatäd costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subjectto Civil Code Section2782.8, the above indemnity shall be limited, to the extent required -by Civil Code Section 2782.8, to Cfaims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to iñOemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. b. Addltloîal lndemnitv Obliqations. Consultant shall defend, with counsel of City's choosing anO at Consultants òwn cost, expense and risk, any and all Claims covered by this section lnat may be brought or instituted against the City, its officials, officers, emptoyees, agents or voiunteers. Õonsultant shall pay and satisfy any judgment, award or Oeireé that ñay 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 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 rãimbursement shall includ'e payment for the City's attorney's fees and costs, includìng 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 them in connection therewith or in enfoicing theìndemnity 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. Çalifomia Labor Çode Rgouirements' a. Consultant is aware of the requirements of Catifornia Labor Code sections 172o etseq. and '1770 etseq., which require the paymeni of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. lf the services are being performed as part of an applicable "public works" or "maintenance" froject, as defined ny"tfre Prevailing Wage Laws, and { the total compensation is $1'000 or more, Consuttant "ir"u. to fully óo*piy with such Prevailing Wage Laws, if applicable' Consultant shall defänd, indemnify and hot¿ the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest.arising out of añy failure or alleged failure to comply with the Prevailing Wage Laws. lt shall be mandatory upän the Consu[Jnt and all subconsuitants to compty with alt 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. lf 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, !!t" Consultant and all subconsultants performing such Services must be registered with the Defartment of lndustrial Relations. Consultanishall maintain registration for the duration of the ero¡ect and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring an'o enforcement by the Department of lndustrial Relations. lt shall be Consultant's sole resfonsibility to comply with all applicable registration and labor compliance requirements. 14. Verification of EmolovnLent Elioibllity' By executing this Agreement, Consultant verifies that it fully complies with al! requiremänts and iestrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the lmmigration Reform and,Control Act of 19g6, as may be amended frım 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. lf any action is brought to interpret or enforce any term of this Agreement, the action shall be brought-in a state or feðerat court situated in the County of Orange, State of California- 16 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement bi giving tenlt0) calendar days written notice to Consultant. ln such B event, City shall be immediately given title and possession to all original field notes, drawings and speciiications, 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. lf 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 otherthan the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be enlitled 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 lhe event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. j7 Documenls. Except as otherwise provided in "Termination or Abandonment," above, all orig¡nal 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. Oroanization 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 Aqre-er.nent. This Agreement is limited to and includes only the work included in the Project described above. 20. Notiçe ' Any notice or instrument required to be given or delivered by this Agreement may be given or dãlivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of San Juan CaPistrano 32400 Paseo Adelanto San Juan Capístrano, CA 92675 Attn: David Contreras, Senior Planner CONSULTANT: Placeworks 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Attn: Nicole Morse, Associate Principal and shall be effective upon receipt thereof' 21. Third Partv Riqhts Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. I 22. Eq-ualOpportunityEmplovment" Consultant represents that it is an equal opportunity employer and that it shall not discriminate against ány emptoyee or applicant for employment because of race, religion, color, national origiñ, ancestry, sex, age or other interests protected by the State or Federal Constitutionã. Sucn non-discriminãt¡on shall include, but not be limited to, all activities related to initiaf employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 23. Entire Asreement 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 hèrein, and that aiy other agreements shalt be void. This Agreement may not be mod¡iied or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 24. Severabilitv The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal' 25. $uccessorsand,Assiqns 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 obtijations 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. Citv's Risht to Emolov Other Consultants City reserves its rÍght to employ other consultants, including engineers, in connection with this Project or other projects' 29. Prohibited lnterests 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 10 company or person, other than a bona fide employee working solely for Consultant, any fee, com.¡"åion, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or maÈing of this Ãgreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agree_ment,. no director, offîcial, 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. ISIGNATURES ON FOLLOWING PAGEI 11 SIGNÂTURaPAGEFoRPRoF.EssIoNALSERVICESAGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRÀNO AND PLACEIVORKS lN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. CITY OF SAN JUAN CAPISTRANO By: By: APPROVED AS TO FORM: Placeworks Its Printed Name Byr t By: 12 1r ( I ,i i fì {.'¡\ i /ï I, Environmenlol ond Technicql Services for lhe Proposed River Street Morketploce PROPOSAL FOR CEQA SERVICES SUBMITTED TO:CITY OF SAN JUAN CAPISTRANO, DEVELOPlVENT SERVICES DEPARTMENT I OCTOBER 24'20L7 @emcEwoRKs PROPOSAL FOR CEQA SERVICES Environmenlql qnd Technicol Services for the Proposed River Slreel Morketplqce SUBMITTED TO:CITY OF SAN JUAN CAPISTRANO, DEVELOPMENT SERVICES DEPARTMENT I OCTOBER 24,2017 SUBMITTED TO: CITY OF SAN JUAN CAPISTRANO Mr, David Contreras, Senior Planner Development Services DePartment 32400 Paseo Adelanto San Juan Caplstrano CA 92675 SUBMITTED BY: PTACEWORKS Ms. Nicole Morse, Esq. Associate PrìnciPal 3 MacArthur Place, Suite 1100 santa Ana cA92701 7 14.966.9220 | nnrorse@ placeworks.com PTACEWORKS.COII'I @er-ncEwoRKs @|PLAcEruoRKs Jrcnsrnltial Letter October 24,2017 Mr- David Contreras Senior Planner City of San Juan Capistrano Development Services DePartment 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Transm¡tta I v ia E m o il : d contre rus @ so ni ua n cq pi stra no.o rg Subject: proposal to Prov¡de Environmental and Technical Services on the River Street Marketplace Project, CiÇ of San Juan Capistrano (P2017-0824S) Dear Mr, Contreras: Thank you for ihe opportunity to propose our environmental services and expertise to bring about the successful completion of the California Environmental Quality Act (CEQA) documentation for the River Street Marketplace prolect (project) in the City of San Juan Capistrano. Based on our familiarity with the City and prolect experience ìn the downtown San Juan Capistrano area, we have a unìque understanding of the environmental issues facing the project, its context within the communìty, and the essential elements needed to effectively process CEQA components. please review our general methodology anci approach to understand how we addressed thìs project. Our in-house legal counsel, Nicole 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. N'icole is intimately farniliar with the area having prepared the Historic Town Center Master Plan EIR (SCH No.20110i,1036), the 5an Juan Hotel & Villas MND, and the Hotel Capistrano Addendum. Nicole has also worked with manV jurisdictions to address project desìgn and context within and adjacent to historic districts and communities. Most notably, she managed the successful completion of the San Clemente Centennial General Plan EIR (addressing compatibility of new land uses with 5 buildings on the National Register of Historic Places (NRHP), 22 local landmarks, and several other historic properties); the Pasadena General Plan EIR (addressing compatibil¡ty of new land uses with over 1,000 buildings on the NRHP, lL historic distrìcts, and 17 local landmark distrìcts); and the Crown City Medical Center EIR (addressing adjacency to the Pasadena Playhouse Historic Dìstrict). Our project team and general approach are outlined below' PROJECT UNDERSTANDING The River Streer Project site consists of a 5.6-acre parcel that is occupied by lto Nursery, a commercial nursery with a sales office and associ¿ted 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 Specific Plan (SP 78'01-) adjacent to the Los Rios Nåtional Historic Distr¡ct. Sìte access is provided by Los Rios Street, Paseo Adelanto, and River Street. The River street Marketplace pr"oject proposes to develop approxirnately 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 ball and horseshoe court, and vegetable garden forfarm-to-table inspired dining. The proposed Project will provide 289 parking spaces. ),N,1¡cArThrrrPl.¡ce,(,uite ll00 l S¿¡rtaAi.a,California92iü 17149669720 1 PlaceWorks.(-orTì @|PLAcE\¡voRKs project implementation requires City Council approval of a Code Amendment (CA 16-003) to the Los Rios Specific plan (Sp 78-01), Architectural Control (AC 16-029), Grading Plan Modification (GPM 16-014), Flood Plain Land Use perm¡t (Fp 16-003), l'ree Removal Permit (TRP 1"6-047), Site Plan Review (SPR 16-007), and Sign Program (SP 16-037). POTENTIAL AREAS OF ENVIRONMENTAL CONCERN poterrtial areas of environmental concern associated with the proposed Project that will be fully analyzed and mitigated (as needed), include but are not limited to: I Compatibility of the proposed Project with the Los Rlos National Historic District (NR 83001216), 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 ìndirect impacts to a historical d istrictlresource. r Traffic and circulation concerns due to the amount and types of trips created þy the proposed Project in a low density, historic area of San Juan Capistrano cornprised of low-speed, narrow streets. r Noise ¡mpacts, both temporary and long-term, on adjacent residents and businesses due to Project construction and operational phases. r Construction-related vibration impacts to adjacent, older buildings and structures abutting or adjacent to the eastern and northern boundaries of the Project site' CEN ERAL M ETHODOTOGYIAPPROACH The River Street Marketplace Project is expected to face an extremely high leve! of public scrutìny. Many residents surrounding the Project site have been residents of Los Rios ¿nd the City for decades and have a sense of ownership and responsibility for the development that occurs in the Project area, Residents have vocalized their concerns at public hearìngs and through social media. The primary purpose of the CEQA document is to inform the public and decision-makers of the environmental impacts associated with all phases of project development, inctuding an analysis of project modifications that would reduce or eliminate significant envìronmenral impacts. With the high level of public ¡nterest 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 (substantial evidence). The CEQA document is ihe City's document thãt it must defend and rely upon to understand the environmentai impacts of the project when weighing the project merits at public hearings. Therefore, we have proposed a highly comprehensive lnitial Study, including detailed technical studies that would either support a Mitigated Negative Declaration (MND), Focused Environmental lmpact Report (EìR), or full-scope project ElR. lncluded in our scope of work is a specialized report to analyze the Project's potent¡al ¡mpacts to the Los Rios Natìonal Hìstoric District and nearby historical resources. Once the results of the technical reports are known, a determination will be made to proceed with an MND, Focused ElR, or full-scope ElR, Our scope of work includes options for all processes. ln accordance with the RFP, the scope of work included herein includes the preparation of an lnitial Study to determine the appropriate level CEeA 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 most appropriate, legally defensible environmental documentation. We understand the City's objective to complete and adopt the environmental documentatìon expeditìously, thoroughly, and with a high level of defensibility. Our firm has a dedicated and experienced staff, and our project manãgement systems ensure that we wìll meet the City's timeiine with high standards and level of defensibility. ocroBER 24,2A1'- | PAGEz PLACETUORKS TEAM BACKGROUND AND EXPERIENCE placeWorks is one of the West Coast's leading environmental planning firms, providing envtronmental documentation for public- and private-sector clients. Good environmental analysìs does not jLtst tallv up ìmpacts, but finds opportun¡ties to address and solve serious environmental concerns. We formulate workable plars and programs while remaining objective to ensure environmental documentation withstands legalscrutiny. We have over three decades of experience in environmental planning and science, bringing technical expertise and a long-term perspect¡ve in shaping responses to the dynamic state and federal regulatory environment. Our in- house project managers, environmental planners, scient¡sts, and attorneys have handled projects of every size and type, including large-scale comprehensive planning efforts, site-spectfic developments, and infrastructure improvements. We have the capacity to provide environmental services for virtually any tYpe of project. Our reputation is built on our cons¡stent production of effective and defensible environmental documents. As stated previously, Nicole Morse, Esq., Associate Prìncipal, will serve as principai-in charge and proiect manager and will serve as the City's primary, day-to-day contact for this assignment. Nicole will be assisted by Mar< Teague, AlCp, Associate Principal, as an advìsor, providing continuity in the CEQA analysis, public presentations, and correspondence. Jorge Estrada, Senior Assocìate, will act as assìstant project manager. Nicole Vermilion, Associate principal and Director of Air Quality/GHG & Noise 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 graphicsteam, and technical edit¡ng and clerical staff. For historical resource analysis, we h¿ve included Urbana Preservation & Planning (Urbana), a boutique client- centr¡c consulting firm offering specialìzed urban planning, historic preservation, cultural resources, history and architectural history services, Urbana's principal project team members mainta¡n certification in the American lnstitute of Certìfied planners and meet The Secretary of the tnterior's Professionat Qualification Stondards for Historic preservat¡on Professionals in the disciplines cf History, Architectural History, and Archaeology, as well as the expanded draft prafessionat Qualífication Standards in the disciplines of Historic Preservation and Land Use/ Community planning. Urbana's mission is to lnform the future of the built environment by acknowledging the past The firm educates and engages people on the history of place and ihe importance of recognizìng and retaining historically and architecturally significant propert¡es and provides regulatory compliance support for owners and occupants of hrstorìc-era propertìes. Also on our team is Cogstone Resource Management (Cogstone) to address cultural, paleontological, and tribal cultural resouTces. Cogstone is a California corporation forrned in 2001 and headquartered in Orange' specializing ìn paleontology, archaeology, and history. Cogstone's team of qualified paìeontologists, and archaeolog¡sts and architectural historians meet or exceed the qualifications required by the Secrefory oÍ the lnterior's Standards çnd Guidelines for Archaeology and Historic Preservøtian, and are well versed in the compliance requirements for federal, state, and local regulations, including CEQA, NEPA, Section 106 of the NHPA, NAGPRA, SB 18 and AB 52. We greatly appreciate this opportunity and look forward to the possibility of workìng wlth the City for the successful completion of the River Street tVìarketplace Project. Please contact me with anV questions a|714.966-9220 x2318 or nmorse@placeworks.com. This proposal and cost estimate shall remain valid for 90 days from the time of submittal (and may be extended an addltional 60 days upon request), As Associate Principal, I am authorized to bind PlaceWorks and the project team to the contents of this proposal' Respectfu lly'submitted, P --7-, Esq.Ni Prin cipa I October 24,2A17 | Page 3 Contents ïRANSMITTAL LEnER r..........¡.r.r.....ç....¡¡r¡¡....r...,..r'.r...¡¡.....t..r..r..¡*..'.r'.......... l Technic¿l Studies CEQA Documentation.... Certification Documents 10 Cogstone Resource Management 1ð PROPOSAL FOR ENVIRONMENTAL AND IECHNICAL SERVICES I PLACEWORKS i l,.r j,. This page intentionolly let't blonk, ¡i CITY OT SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE i lìcope of Work The following sðope of work has been prepared in accordance with our approach and understandìng of the Project and pursuant to CEeA, tt allows the City and project applicant some flexibility and the most cost- and tìme efficient method to proceed with either an Initial Study/MND or lnitìal Study/Notice of Preparation of a (Focused or full- scope) ElR. Our scope of work assumes that PlaceWorks will provide comprehensive environmental and technical services and that we will be responsible for each step of the CEQA process, from assisting the City with finalizlng the Notìce of tntent or Notice of Availability, and MND or ElR, to filing the Notice of Determìnation. Specific tasks and roles of placeWorks, City staff, and the project applicant are detailed in each task below. PROJECT MANAGEMENT, MEETINGS, AND PUBTIC HEARINGS TASK 1. PROJECT MANAGEMENT AND ADMINISTRATION placeWorks' project manager will coordinate closely with City staff to ensure that tlre lnìtìal Study/MND and/or EIR 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 project, not only to streamline the CEQA 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, managernent 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 Cìty policies, procedures, and any applicable codes are complied wìth and, where applicable, are incorporated into the lnitìal Study and/or EIR; {4) ensuring that the environmental review process and the lnitial Study andlor EIR satisfy the statutes and guidelines of CEQA and the City's adopted Environmental Review Guidelines; and (5) representìng the consultant team 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 Schedule.lt assumes five hours per month for up to eÌght months. lf 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. Deliveroble(s): ongoìng project management for the duratjon 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'proiect manager and assistant project manager will participate ìn a project orientatìon/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 wìll prepare â meeting agenda and follow up with meeting m¡nutes. Deliveroble(s): Meeting agenda and minutes TASK 3. MEETINGS AND PUBLIC HEARINGS placeWorks' principal-in-charge, advisor, and assistant project manager will attend up 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 ìnclude 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 meet¡ng attendance by PlaceWorks staff PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PTACEWORKS 5 at the C¡ty'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. Deliverable(s): Up to three project status/update meetìngs with City staff up to four public hearings (two Planning commissìon and two city council) TECHN¡CAL STUDIES Based on our understandìng 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 thìs proposal, the technical analyseslstudies are assumecl to be complete and contain all information necessary to adequately evaluate ¡mpacts assoc¡ated with the proposed Project. These reports will be included as appendices to the lnitial Study and/or ElR. r Conceptu¿l Site Plan, Landscape Plan, Grading Plan, and Building ElevationslRenderìrrgs (to be reviewed and approved by City staff prior to incorporating into the lnitial Study) I Tree Survey to accompany the Tree Removal Perrnit . Native American Consultation Notes and Correspondence pursuant to AB 52 and SB L8 : Phase I Environmental Slte Assessment r Preliminary Water Quality Management Plan and Hydrology Report . Prelim¡nary Geotechnical Evaluation Report ¡ lnfrastructure Report {Sewer and Water) ' lraffic lmpact Analysis placeWorks wiil prepare or provide the technical analyses and studies outlined below (Tasks 4.1 through 4,5) in support of the lnìtial Study andlor ElR. The technical analyses/studies will be prepared in accordance w¡th all applicable ancl professionally-accepted federal, state and local guidelines, procedures, and requirements-including the C¡ty's established significance thresholds. TASK 4. 1 VISUAL-AESTHETIC Sl MU LATION ANALYSIS (PLACEWORKS) placeWorks' in-house graphic designer will create up to fìve visual sìmulations to adequately evaluate the potentìal aesthetic and visual character impacts of the proposed Project on the surrounding communlty' -l-he 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 elevatìons of the proposed development' The information from the digital mass model will be superimposed onto photographs of the exìsting site to accurately portray the proposed buildings and the change rn visual character of the site. The simulations wìll be presented as i'bufor. and after" graphics. To complete this task, it is assumed that the project applicant will provide CAD files of the slte plan from the architect ancl GIS data from the City. Once completed, the visual simulations will be provided as graphics in the Aesthetics section of the lnit¡al Study and/or ElR. Delíveroble(s): Visual simulations, to be included as exhibits in the lnitial study and/or EIR TASK 4.2 AIR qUALITY AND GREENHOUSE GAS EMISSIONS ANALVSES (PLACEWORKS) placeWorks will prepare an air quality and greenhouse gas (GHG) emissions analysis to evaluate potential impacts from constructlon and operation of the proposed Project. The analysis will be conslstent with the current methodology of the South Coast Air Quality Management Dlstrìct {SCAQMD). Modeling of criteria air pollutant emissions and GHG emissions will be conducted usìng the latest California Emissions Estimator Model (CalEEMod). Construct¡on 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 ó CIW OF SAN JUAN CAPISTRANO I RIVER STREET MARKEÏPLACE eãch construction subphase, antic¡pated equipment for each subphase, and estimated demolition volumes and earthwork (ìf applicable), as provided by the project applicant. Where information is unavailable, PlaceWorks will use CalEEMod defaults, as appropriate, and work with the City and pro.lect applicant to develop the construction assumpt¡ons. Project-related construction emissions will be compared to the SCAQMD regional signìficance lhresholds for construction. Localized air pollution impacts from construction equipment exhaust and fugitive dust will be comparecl to SCAQMD'9 screen¡ng-level localized significance thresholds (LST) for their potential to elevate concentratlons of air potlutants at the adjacent residential land uses surrounding the Project site Operat¡on Phase Criteria aÌr 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 generat¡on, and solid waste disposal, Vehicle miles traveled and/or trip generation provided by the project applicant's traffic consultant will be integrated into the em¡ssions modeling. Total emissions from construction activÌtìes will be amortized into the GHG emìssions inventory. Criteria air pollutant and GHG em¡ssions will be compared to SCAQMD's significance thresholds. Based on our prelimìnary Ca|EEMod 2015 model run, project-related emissions will be close to the SCAQMD significance threshold. Therefore, any trip reductions from trip internalization provided by the project appl¡cant's traffic consultant will be incorporated into the model run. Mitigation measures to reduce potentially significant ¡mpacts of the Project will also be considered, as a pplicable. GHG Plan Consistency The GHG section will discuss the GHG reduction goals of Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), and SB 375, 1o achieve the GHG reduction targets ofAB 32, the Californla Air Resources Board prepared the 2008 ScopÌng Plan and a 2014 update and recently released a draft ofthe 2017 Climate Change Scopìng Plan Update to achieve the SB 32 reduction target. ln addition, the Southern California Association of Governments has adopted a regional transportat¡on plan/sustainable communities'strategy {201-6-2040 RTP/SCS) to ensure that the southern California region can attain the reg¡onal transportation-related GHG reduction goals of SB 375. Project consistency with these statewide and regional GHG emisslons reduction strateg¡es will be reviewecl. Other Areðs of lmpact The South Coast Air Basin (SoCAB) is currently designated nonattainment under the National and/or California ambient air quality standards (AAQS) for ozone (O¡), fine inhalable particulate matter (PM2.5), coarse lnhalable particulate matter {PMro), and lead (Los Angeles County only). SCAQMD has adopted air quality management plans (AeMps) to ensure the SoCAB can attain the long-term National and California AAQS. The analysis will include a consistency evaluation of the Project's regional em¡ssions to SCAQMD's AQMP. Furthermore, the SoCAB 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 qualitat¡ve assessment of CO hotspots. lt will also include a qualitative âssessment of potential odor generation and impacts. Deliveroble(s): Air quality and GHG modeling data and technical information, to be included as an appendix to the lnitial Study and/or EIR TASK 4.3 NO|SE AND VIBRATION ANALYSIS (PLACEWORKSI placeWorks will evaluate potential noise and vìbration impacts for the construction and operational phases of the proposed Project. PlaceWorks will evaluate ex¡sting conditions and identify the nearest noise-sensitive receptors and other pert¡nent 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 ìines, and sensitive nature of the Los R¡os Historic D¡strìct, ambient noise levels will be directly measured through a combination of short-term sampling and long-term mon¡toring, Field noise measurements will be conducted. placeWorks will make an assessment of temporary rroise and vibration impacts during site preparation and Project construction act¡vities using industry-standard analysis techniques and using scheduling, equipment mix, hauling, PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PTACFWORKS 7 and truck trip information as provìded bythe projeci applicant. Since the site is generaily 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 activitìes will be the primary concern in terms of potential constructìon-related noise and vibration impacts at nearby se¡rsitive receptors. Further, since the site is near a desìgnated hrstoric area. noise and/or vibration m¡tigation may be necessary to reduce the risk of significant effects or damage to historic structures durìng Pro.iect construction. Long-term, operational noise impacts will be primarily related to Project-generated traffic flows. Traffic noise impácts to uses along nearby roadway segments wiìl be calculated using lnput 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 condition¡ng un¡ts, maintenance act¡vìtÌes. parkìng 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 vìbratìon criteria included in the City,s General plan and Municipal Code. Additionally, guidelines and requirements established in the Los Rios Specific plan will be applìed 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 t19991) for informational purposes, per the cBlA v BAAQMD ruling (December 2015). Mìtigation measures to reduce noise and vibration impacts will be recommended, as necessary, to reduce potentiäl ìmpacts to less than significant levels. Deliverable(s): Noise and vibratlon modelirrg data and technical information, to be included as an appendix to the ln¡tialStudy and/or EIR TASK 4.4 HISTORICAL RESOURCE ANALYSIS REPORT TURBANA) Urbana has been included on the consultarlt team to prepare a Hìstorical Resource Analysis Report (HRAR). Urbana will visit the River Street project area to locate, photograph, and document alt buildings and structures over 45 years old, and to identify the Area of Potentìal lmpact (APl) (direct physical impacts and indirect visual impacts). This task assumes that between 15 to 17 properties (buildings and structures with ancillary featr,rres) will be included in the survey and documentation throughout and immediately adjacent to the Project area (approximately five structures in aerial view) and ìmmediately adjacent to the Project area (approximately 12 buildings in aerial view wjth a concentrat¡on of historic-era homes located along the east side of Los Rios Street). Urbana will prepare a survey summary table of existing historic-era propertìes within and immediately adjacent to the Project area for use in the lnitial Study and/or ElR, 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 Directories, newspaper articles, local history publications and previously prepared technical studies on file at the City of San Juan Capistrano. Urbana will evaluate buildings and strucrures within the Project arealAPl for eligibìlity under the California Register of Historical Resources (CRHR) and under the City of San juan Capistrano Historic and Cultural Landmark Eligibility crlteria. Urbana will document and evaluate all properties at least 45 years old on DPR 523 A (Primary Record), B (Building, Structure, Object Record), and L (Continuation Sheet) forms. Urbana will assign CRHR status codes to each documented and evaluated property to ìnform project reviewers of each property's historical resource status. Findìngs will be summarized in a survev summary table. Urbana will also analyze the proposed project for direct material and indirect visual impacts to historical resources pursuant to cEeA Guidelìnes Section 15064.5 and the City's impact thresholds. urbana wilì provide regulatory conclusions on whether historical resources are present within the proposed Project area/APl boundaries. Using photo simulations, architectural drawings, and site plans provided to Urbana, Urbana will analyze the visual and spatial qualities of the proposed project to inform the City's Architectural and Site Plan Review Process, and to provide a determination of whether the proposed Project would result in impacts to historìcal resources, As needed, Urbana will provide mitigation recommendations to reduce impacts to a less than signifìcant level. lf significant ¡mpacts per CEeA 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 CAPISTRANO I RIVER STRÊËT MARKETPLACF Urbana will submit the HRAR with all requ¡s¡te DpR forrns, maps, and other substa¡rtiatìng documentation to the city of San juan Capistrano for review, comrnent. and use in the regulatory process. Urbana will make revisions and resubmit as needed. Pu blic Hea rin gs/M eeting Atte nda nce Urbana,s scope of work also includes attendance {in person or via conference call) at a project kick-off rneeting at the City, up to three project status/update meetings wìth 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 lnitialStudy and/or EIR Meeting Attendance: up to one kick-off meeting, three project status meetings, and four public hearings TASK 4.s CUtTURAL RESOURCES REPORT (COGSTONE) cogstone has been included on the consultant team to prepare a cultural resources technical repoft in compliance with CEeA and Cìty Council policy 601. The purpose of the cultural resources technical reportwill be to identify any potential impacts to archaeological, paleontological, or tribalcult¡-¡ral resources resulting from the proposed Project. Cogstone will conduct the following tasks: . Cultural Records Search. Cogstone will conduct a records search at the South Central Coastal lnformation center (SCCIC) at California State University, Fullerton, for a one-half-mile radìus surrounding the Project area to identify any previously recorded sites and previous cultural resource studies documented within the study area. r 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. lf an independent report is required/requested by the City, this will be completed under a separate cover letter and at an additional cost' r Native American Consultation. Cogstone will request a Sacred Lands File search from the Native American Heritage Commission and will also assist the City in meeting AB 52 and SB 18 requirements by providing draft consultation letters to be sent out by the city of san Juan capistrano on city letterhead; managing responses; and incorporat¡ng the consultation results along with mitigation measures (ìf needed) in the technicaì report. . Background Research. Cogstone will conduct background research on the Project area, including a review of historical maps, aerial photographs, archival soLlrces, 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 wìll 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 cultt¡ral resources technical report and included in the technical appendices of the report. Technicot Report cogstone will prepare a cultural resources technical report. The report will include a summary of the results of the records search, field survey, and prevlous 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 witl 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' Deliverable(s): Cultural resources technical report, to be included as an appendix to the lnitial Study and/or EIR PROPOSALFoRENVIRoNMENTALANDTEcHNICALSERVICESIPLAcEwoRKS9 CEQA DOCUMENTATION TASK 5. SCREENCHECK DRAFT ¡NITIAL STUDY The screencheck draft lnitial study will follow the city's format and will clearly identiÉy and address potential environmental issues facing the proposed Project. lt will l¡e clearly writterr ancl will avoid the use of technicaljargon, to the extent possible, so that the document is easily understood. As identified in the RFP, the lnitial 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 The screencheck draft ln¡tial Study will address each of the environmental topics in the CEQA Guidelines: r Aestheticsr Agriculture and Forestry Resources ' Air Qualityr Biological Resou rces. Cultural Resourcesr Geology and Soils¡ Greenhouse Cas Ëmissionsr Hazards and Hazardous Materials ' Hydrology and Water QualitY Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation a nd Traffic Tribal Cultural Resources Utilities and Service Systems/Energy I I a I I I I I I Findings will be clearly substantiated in the lnitial Study for each environmental topic checklist question to conclude: 1) no impacts,2) impacts will be less than significant,3) impacts will be less than signilicant with mitigation incorporated, or 4) impacts will be potentially significant, The determination of signìficance will be based on significance thresholds established by the City's adopted Env¡ronmental Review Guidelines. The lnitial Study will be prepared ìn accordance with the requirements of CEQA (California Public Resources Code, sections 21000 et seq.), State CEeA Guidelines (California Code of Regulations, sections 15000 et seq.), and City's adopted Environmental Review Guidelines. lmpacts determined to be potentially significant may trigger the need to prepare an ËlR. 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 tr¡gger the need for an EIR with similar types of projects include air quality, GHG emissions, historical resources, noise (construction-relatedi, and/or transportation /trafftc. Therefore, PlaceWorks will focus on these environmental topical areas up frontto ensure that pert¡nent environmental conclusions are addressed atthe outset. The option to prepare an EIR is provided in Tasks 68 through 6D ofthis proposal. The completed screencheck draft lnìtial 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 delìvered 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 clarìfy 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 lnitial Study by the City will be'necessary. Modification to the scope of work, budget, and time frame may be necessary if additlonal screencheck reviews are required. Delíverable(s): Screencheck Draft lnitial Study, including technical appendices (digital in both PDF and MS Word, and 2 hard copies) r0 cllY oF sAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE TASK 6. PREPARATION OF MND (TASK 6A)OR EIR {TASKs 6B-6D,9) lf it ìs determined, pursuant to cEeA Guidelines Sect¡on 15070, that there is no substantial evidence thai the Project may have a significant effect on the environment or that mìtigation measures have been included in the Prolect to avoid or mitigate significant effects to less than significant, then Task 6A will be followed. However, if there is substantiaì evidence tr,uith" project may result in a significant effect on the environment, then an EIR will be required. ln this case, the lnitial Study would be distributed with a Not¡ce of Preparation and an EIR wlll be prepared. Tasks 6A and Tasks 6B through 6D and Task 9 (replacing Task 6A) have been included in thìs scope of work as optional tasks in the event an EIR is required TASK 64. PUBLIC DRAFT INITIAL STUDY AND NOTICE OF INTENT TO ADOPT AN MND placeWorks will prepare the public draft lnitial Study, which is the final copy/version of the document before it goes into reproduction. Upon City approval of the lnitial Study as the public draft version, we will prepare a Notice of Intent (NOl) to adopt an MND. The NOI will clearly identìfy the public review period, contact person, and address established for submìtting comments on the lnitialStudy' Our budget assumes that placeWorks will reproduce and distribute the public draft lnit¡alstudy and NOI to the State Clearinghouse, County Clerk, responsible and trustee agencies, and other special interest Sroups and ìndìvíduals identìfied on a distribution list to be developed in consultation with the City. lt is assumed that the City will be responsible for all newspaper notìces, site postings, and direct mailings to surrounding property owners, and will post the lnitial Study/MND and NOI on the City's website, Deliveroble(s): public draft lnitialstudy, includìng technical appendices (digital in both PDF and MS Word and 3 hard copies) Flle NOI with County Clerk, including associated filing fees (oPTtoNAL EIR TASK)-TASK 68. NOTICE OF PREPARATION AND SCOPING MEETING Distribute Notice of PreParat¡on placeWorks will edit the tnitial Study upon rece¡pt of Cìty's comments. Upon approval of the ln¡tial Study as the public draft version, we will also prepare a Notice of Preparation (NOP) of a Draft ElR. The NOP will clearly identify the public revìew period, contact person, and address established for submitting comments on the lnitial Study' Our budget assumes that placeWorks will reproduce and distribute the public draft lnit¡al Study and NOP to the State Clearinghouse, County Clerk, responsrble and trustee agencies, and other special interest groups and indìviduals identified on a distr¡bution list to be developed in consultation with the City. lt is assumed that the city will be responsible for all newspaper notices, site postlngs, and direct mailings to surrounding property owners, and will post the lnitial Study and NOP on the City's website. Scoping Meet¡ng placeWorks will assist the City in organizing and conducting one public scoping meet¡ngto presentthe preliminary environmental impacts of the proposed Project and to solicit comments regarding the scope and content of the environrnental issues to be addressed in the ElR, We will prepare a PowerPoint presentation forthe meetings to be reviewed by the city prior to finalization. At the meetings, we will be prepared to discuss the environmental review process and to answer specific questions, as desired by the City' It is recommended that the scopìng meetings be held one to two weeks after the release of the NoP so that the publìc has t¡me to read through tÀe lnitial Study/NOP, 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 ElR, wìth reference to where each comment is addressed or an explanation for why it is not addressed (e.g., not an environmental ìssue). Deliverøble(s): Screencheck and Final ln¡tial Study, including technìcal appendices (digiial in both PDF and MS Word and 2 hard copies) File NOP with County Clerk, including associated filing fees Prepare materials for and conduct a scopìng meetìng PROPOSAL FOR ËNVIRONMENTAL AND TECHNICAL SERVICES I PLACEWORKS ì I {oPTroNAL EIR TASK} - TASK 6C. SCREENCHECK DRAFT EIR pìaceworks will prepare a project-level EIR in accordance with section 1516L of the cEQA Guidelines. ln accordance with Section 15161, ihe pro;ect EIR will examÌne 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 ÊlR will also examìne all phases of the Project including planning, construction, and operation. The EIR will be clearly written and will avoid technical jargon, to the extent possible, so thôt the document is easily understood. lf technical terms need to be introduced for accuracy, they will be clearly defined. The existing conditions of the Project site wlll be used to set the baseline for the environmental analysis. Mitigation measures will be recommended in the ElR, where necessary. PlaceWorks wìll 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 mandatoryelements of an EIR in accordance with the CEQA Guidelines, Sections of the EIR will include: r Executìve Summaryr lntroduction. Project Descriptionr Environmental Settingr Environmental Topical Sections, to include Existing Conditions and Regulatory Setting, Thresholds of Signifìcance, Environmentai lmpact Assessment/Analysis, and Mitigatìon Measures (as needed) . Alternatives to the Project r Other CEeA-Mandated Sections (e.g,, Significant Unavoidable Adverse lmpacts, Growth-lnducing lmpacts) The completed screencheck Draft EIR will be submitted to City staff for revlew and comment. Our proposed schedule and budget assumes that a complete screencheck draft w¡ll be prepared for review and comment, which is more effìcient than submittal of selected sections on an incremental basis. lt 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/clepartments 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 Draft EIR by City staff will be necessary. Modification to the scope of work, budget, and time frame may be necessary if additional reviews are required. Deliverable(s): Screencheck Draft EtR, 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 ElR, which is the final version of the document before it goes into reproduction. Upon City approval of the Draft EIR as the public draft version, we will prepare a Notice of Availability (NOA), The NOA will provide a summary of the project description and an explanation of the scope of issues included in the Draft ElR. The NOA will also clearly identify the public review period, contact person, and address established for submitting comments on the Draft ElR. Unless requested/required otherwise by the City, our budget assumes that PlaceWorks will reproduce and distribute the public draft EIR and NOA to the State Clearinghouse, County Clerk, responsible and trustee agencies, and other special interest groups and individuals identified on a distrìbution list to be developed in consultation with the City. It is assumed that the City will be responsible for all newspaper notices and site postings, and if necessary, will post the lnitial Study on the City's website. Delîverable(sJ: Public Draft ElR, ìncluding technical appendices (50 cDs and 3 hard copies) I2 CNY OT SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE File NOA with County CIerk, ìncluding associated filing fees CERTIIICATION DOC U MENTS 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 all CFQA related comments are adequately addressed in writing. placeWorks will prepare responses to public comments receìved either during the 30-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 ElR, copies of all comment letters received, written responses to comments, and revisions to the MND or Draft ElR. Responses will focus on comments that address the adequacy of the environmental document, Cornments that do not address the CEqA adequacy will be noted as such and no further response wlll be provided, unless deemed necessary by City staff. placeWorks will prepare the responses in coordìnation with City staff, as needed, to ensure that the Draft EIR and associated documents are legally defensible, accurate, and useft¡l 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. Modifìcation to the scope of work, budget, ancl time frame may be necessary if comments received frorn agencies and/or the general public requires substantially ìncreasing the scope of impacts and issues to be addressed. Should this situatìon become apparent, we will discuss this concern with the City before the response to comments budget ìs 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 rev¡ew of the screencheck Response to Comments by City staff. Modifications to the scope of work, budget, and time frame may be necessary if additional screencheck reviews are required. Upon acceptance of the document, PlaceWorks will reproduce and distribute the Response to Comments to the commentìng agencies a minimum of 10 days prior to the public hearings. Delîverable(s): Screencheck and Final Response to Comments document {digìtal in both PDF and MS Word; 25 CDs and 5 hard copies) TASK 8. M¡T¡GATION MONITORING AND REPORTING PROGRAM placeWorks will prepare a Mitigation Monitoring and Reporting Program (MMRP) based on mitiBation measures identified in the lnitial Study/VÑD or EIR and pursuant to Section 21081.6 of the CEQA Public Resources Code' The MMRp will be defined through working with City staff to'identifv appropriate monitoring stepsfprocedures in order to provide a basis for monìtoring such measures during and upon Project implementation. lt will be in standard citv format and will identifu the significant ìmpacts that would result from the proposed Project; proposed miti8ation measures for each impacU the timing at which the measures will need to be conducted; the entity responsible for implementing the m¡t¡gation measure; and the C¡ty department or other agency responsible for monitoring the mit¡gation effort and Ãsuring its success. The MMRP will be submitted to Cìty staff for review and approval in conjunction with submittal of the Response to Comments (see Task 7)' Deliveroble(s): Screencheck and Final MMRP (digital in both PDF and MS Word) pRoposAL FOR ENVIRONMENIAL AND TECHNICAL SERVICES I PTACEWORKS l3 (opTtoNAL EtR TASKI -TASK 9. FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS Section 1509L of the CEQA Guidelines requires that no public agency approve or carry out a project for whìch an EIR has been completed that identifies one or more significant environmentaleffects, unless the public agency prepares findìngs for each significant effect. lf 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 resolution(s) to be prepared by City staff, if deemed necessary. Additionally, Sect¡on 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 lmpacts that mav be identified by the Draft ElR. Deliverable(s): Fìndings of Fact/Statement of Overriding Considerations (digital in both PDF and MS Word) TASK 10. NOT¡CE OF DETERMINATION Within five days after approval of the Project by the San Juan Capistrano City Council, PlaceWorks will file a Notìce 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, Deliverable(s): File NOD with State Clearinghouse and County Clerk, including associated filing fees I4 CITY OT SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACE 2" Similar Project Experience PTACEWORKS HOTEL CAPISTRANO (ADDENDUM TO THE sAN JUAN HOTEL & VILLAS INITIAL STUDY/MND) C¡ty of Sãn Juan Capistrano | 5an Juan Capistrano, Calìfornia PlaceWorks prepared an Addendum for a 3.16-acre Hotel Capistrano project site is located in the Hìstoric 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 historìcally significant buildings, the Judge Egan House and Esslinger Building. The pro¡ect was modified from the prevìous approval to allow for 102 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 amen¡t¡es, ìncluding multÌple pedestrian pathways that are designed to inspire public use and connect the downtown, HTC Park, Mercado Village, and the retail along Del Obispo. The hoiel 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 envlronmental topical areas and focused on evaluating vìsual simulations, lighting, architecture, and massing to address indirect ¡mpacts to nearby and adjacent historical buildings and context within the Historic Town Center. Client Contact: Mathew Evans, Contract Planner, 949.487.431,4 Dates of Service; 04l2}t6 - O9/20L5 SAN JUAN HOTEL & VILI-AS INITIAL STUDY/MND C¡ty 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 modìfication plan, a sign program, a tree removal permit, and administrative modifications to the form-based code to allow for the development of a hotel and 33 townhouse-style villas. The proposed Kimpton Hotel consisted of 136 guest rooms ìn 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 lnitial Study/MND evaluated visual sirnulations, lighting, architecture, and massing to address ìndirect impacts to nearby and adjacenthistorical buildings includingJudge Richard Egan House and the Essltnger Building. Client Contact: William Ramsey, AICP (fcrrnerly wìth Cíty of San Juan Capistrano), Assistant Development Services Director 949.533.2219 Dates of Service: tU2Aß - 09 /201,4 HISTORIC TOWN CENTER MASTER PIAN EIR'i City of San Juan Câp¡strano I San.Juan Capistrano, californ¡a On April 2A12, lhe 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 Form Based Code, General Plan Amendment, and Rezone collectively provided the long term guidance for redevelopment of the downtown San iuan Cap¡strano area for a 20+ year period. The form based code d¡ctated the character and feel of redevelopment while allowing for some flexibìlity 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, 36,853 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 (walkability, transit, and multimodal design). ClientContact: William Ramsev, AICP {formerlywith City of San luan Capistrano), Assistant Development Services Director 949.533.2219 Dates of Service'. 2O1I-2O12 *Note: This project wos led by PloceWorks' Nicole Morse in 2ALL-2012, while emplayed by ønother consulting firm. PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PTACEWORKS ]5 HISTORIC PASADENA GENERAL PLAN AND EIR and CROWN CITY MEDICAL CENTER EIR City of Pãsadena I Pasadena, California PlaceWorks led a multidisciplinary leam to support city staff in the update of the pøeadenaresldents,haueo seneraì plan land use and mobility elements and prepare the associated ElR. The 'hi;;l*;;;;;;rrestand general plan builds on seven guiding prirrciples to conserve the ciVs n,::::,,: ;;;:;i;;ç;;iàepbnntng iåi:i::?,"åi;,ilå:iåHil1J::i:;:JiJ":*iJj"#ilÏ#i::l,i:låi ";1.;i;::¿i:#;Í:ll. îJ:i.l:Ï iäîiå"#::.îîl:i.'''opment' pedestrian-oriented streets' and i{r:i*äàiiìr*ooinn* prescoping meetings to lay PlaceWorks collaborated with city staff in the design and implementation of an thegroundworkforthe extensive program of publrc outr-each and involvement. More than 6,000 CEQA process, Program residents and business people participated in stakeholder meetings, public ElRs, and future tiering workshops, aclvrsory committee meetings, and online and administered surveys. opportunities. Ä 3-day charrette provided a forum for intensive public discussion of options for the future, facilitated by the use of 3D imagery to enable participants to visualize their implications on physical form and commur.rity character. Over B percent of the residents responded to a survey and identifieC preferences among the four vision plans and scenarios developed ¡n the charrette. PlaceWorks strategized with city staff on the scope of the upcorning General Plarr EIR after receiving input from all city departments and community stakeholders. Client Contact: Stephanie DeWolfe, Deputy Director of Plannìng, 626.744.7L43, sdewolfe@cityofpasadena.net Dates of Serv¡ce: 09/20r0 - 0812C13 CROWN CITY MEDICAL CENTER SUBSFQUENT EIR City of Pasadena I Pasadena, California The Crown C¡ty Medical Center conslsted of a conditional use perm¡t, lwo minor conditional use permits, and design rev¡ew to allow for the development of an 1.12,252-square-foot, five-story medìcaloffice building with ground-floor retail and five levels of underground parkìng. The project required extensive historìcal resources analysls due to ìts proximity withln the shoehorn of the Pasadena Playhouse Historic District. tndirect impacts to the Nat¡onal historical distr"ict were evaluated per the National Register Bulletìn 15 criteria of its potential irnpact to location, design, setting, materials, workmanshrp, feeling and association. The design and massìng of the building was also evaluated to address the visual character of the area. the burlding was orìented in an L-shape to front Colorado BoLrlevard and Madison Avenue with a setback of approximately 14 feet, which was found to enhance pedestrian connectivity and preserve the existing street trees along Madison Avenue and Colorado Boulevard. Client Contact: David Sinclaìr, LEED AP, Planner, 626.744.6766, dsinclair@cltyofpasadena.net Dates of Service: AS/TA|Z - 0B/2Ot3 SAN CLEMENTE GENERAL PI.AN EIR City of San Clemente I San Clemente, California The general plan presented an opportunity to refine the community's vision, building on its heritage as the Spanlsh Village by the Sea. lt positions this nearly built-out city to capitalize on ex¡sting assets and set a coLlrse for strategic investments in the coming decades. Geographically constrained, the city faced many challenges to remainìng economically and fiscally sustainable without compromising its existing neighbor-hoods, the "historic" character first envisioned by the city founder, unique surf culture, and small-town feel enioyed by residents and visìtors a lìke. Development opportunities needed to reflect community values, as did the goals, polrcies, and standards that guided them. PlaceWorks engaged the community through a 25-member general plan acivisory committee and several public workshops. ln addition, PlaceWorks' senior economist met with business and property owners from major business centers and Saddleback Memorial Hospital to identiñ7 strategies for retaining I6 CITY OF SAN JUAN CAPISTRANO I RIVER STREET MARKETPLACÉ and attracting new businesses to San Clemente. Land use concepts were developed with public support following exte¡sive study of fiscal and economlc ìmpacts, commun¡ty design considerations, and environt¡ental 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 ìts 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 Pechous (formerly with City of San Clemente), Assìstant Cornmun¡ty Development Director, 9 49.491 .0320, J pechous@ lagun abeachcity. net Dates of Service:. 201,2-2413 URBANA PRESERVATION & PTANNING THIRD AVENUE COMMUNIW CHARACTER + BUSINESS IMPROVEMENT GUIDETINES City of Chula Vista, CA The Third Avenue Community Character + Business lmprovement Guidelines (Third Avenue Guide) were prepared in support of economic development, h¡storic preservat¡on, and community culture and aesthetics goals for Chula Vista and the fhird 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 offerìng restaurant, entertainment, servtces, and goods to residents, property owners, business owners, and v¡sìtors, The purpose of the guide is to assist buìlding and business owners in the design decìsion-making process associated with facade improvements, remodels, and building rehabilìtations. lt is focused on the retention and enhancement of ex¡sting features that contribute to the character of the area while recognizing that new construction or substantial remodels may occur at select locations. Urbana's methods included physical survey and photography of the 86 buildings within the project boundarìes, recordation of building materials and character-defining features for each property, identification of historic and vintage views of the street and storefronts, ¡dentificat¡on 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 features recommended for retention and repair and features recornmended for removal and remodel as part of a larger facade improvement campaígn Client Contact: Lynnette Tessìtore-Lopez, Cultural Arts Program Manager, Economic Development Depa¡1ment, 619.409.5465, Ltessitore-lopez@ chulavistaca.gov Dates of Service: 2015-2016 HISTOR¡C AMERICAN TANDSCAPES SURVEY, COLTIER PARK City of La Mesa, CA Urbana was reteined by the City of La Mesa to prepare a Level ll Historic American Landscapes Survey (HALS) documentation package for Collier Park, a city-owned park intended for renovat¡ons and improvements using federal funds, The park is the site of three natural springs that, in 1907, were harnessed to feed a water bottling operation developed by prominent San Diegan, David C. Collier. ln its 95-year history, Collier Park has served as a community park and gathering place, offering recreational activitìes within the setting of D,C. Collier's oid water bottling site. The park is ìdentified as HALS No. CA-122. Urbana's work was submitted to the City of La Mesa to satisfy project mitigation requirements for a discretionary act¡on at Collier Park, and was submitted to the National park Service for inclusion in the United States Library of Congress. All work also satisfied the National Historic preservation Act Section 106 requ¡rements ¡mposed for the federally funded park lmprovement project' Client Contact: Allyson Kìnnard, Associate Planner, Community Development Department, 619.661 '1196 Dates of Service:- 2015-2416 AS.NEEDED HISTORIC PRESERVATION CONSULTIN6 City of San Diego, CA Under contract to the Redevelopment Agency (RDA) of the City of San Diego, Urbana provided as needed historic preservâtion 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 PROPOSAI FOR ËNVIRONMENÍAL AND IECHNICAL SERVICÊS I PTACEWORKS 17 the Sally Wong Building and the associated Laughlin 1 Lingo building block at 4100 University Avenue and for the Linda Vìsta Tenant Activity Building aI 69A7 Linda Vìsta Road, as well as a Historic Structure Report for the Tenant Actìvìty Building to inform adaptive reuse opportunities as part of a proposed Master Development process for the southern portion of the Linda Vista Shopp¡ng Center. While in discussion to complete a limìted historical resource survey in North Park, the RDA was dissolved on February t,2Q12 perAssembly Bill 1x 26' Urbana's role as an as-needed consultant was to prepare intens¡ve level documentation and National Register, California Register, and Local Register eligìbility 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 for compliance with Ihe Secretary of the lnterior's Standords for Rehqbilitation, attend and represent historical resource conclusions at public workshops and public hearings, and respond to RDA staff as- needed regarding any techn¡cäl historic preservation concern Client Contact: Ëlìana Barreiros, Project Manager, Redevelopment Agency, 619.533.651"0, ebarreiros@sandiego'gov Dates of Service : 2Qo9 -2o L2 COGSTONE RESOURCE MANAGEMENT HISTORICTOWN CENTER MASTER PI,AN PROGRAM EIR San Juan Capistrano, CA Cogstone conducted an ¡nlensive-level pedestrian survey and assessment to determine the potential effects on cultural resources of potential changes to the Historic Town Center Master Plan area in support of a Program EIR on behalf of the City. Cogstone supervìsed archaeological and paleontological record searches, research, and survey plus Nat¡ve American consultation for the 31-acre town center. We evaluated resources. including updated site records and impact assessment. ClientContact: Nìcole Morse, Esq., Associate Princìpal, PlaceWorks,714966'9220 Dates of Service: 2011 18 CIIY OF SAN JUAN CAPISTRANO I RIVER SIREET MARKFTPI.ACE 3. Project Monoger 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 be provided upon request' PROPOSAL FOR ENVTRONMENTAL AND TECHNICAL SERVICES I PTACEWORKS 19 NICOIE MORSE, Esq. Associate Principal i.licoleh¿,,nr¿liy2.jyear:oierìv!¡';nmeol¡l ¡rlanr:ingex¡;rri.rnaÈ lúil-tìheil¡:¡,:!¡lar-runrj .rs boih an atti)rnary ai:d a plarv'er, !h-. thoi-rtuqhir/ urrdr:rsl;¡rtd: pialniitg ¿n¡j zlrrr rg i¿rv, the il¡liior'ri,r f rìvii',:iìr'ìrent.ri Qucliiy ;t¡¡ {CaiìAl, i?J 1,1j, ihê C:rirforrìi3 GlÒb¿i \i/airrri¡l¿!Lririt-ìr;r'itAr,icl 2ilOLi{A3.r,2} .-¡r.t,lTheSlrt¡irt.lblÊ[!]rÌrnìLiûìtie:sailci Ilit¡t:te Pi,:lcciloir Aa-t ûi 1008 i9'i Ji:;j. NJil.oie rì1an.:gei an¡l coorclinat,ô:i !n\.'tionnliìtl¡al .lcc{rireill: l-ar \,vith5t.lnci lergri si:,r-rtrily. She revr-^ws tlF,s, ¡¡.'Llalir¡e:ieti¿r.rlìr:¡lr, ¿tril v¡r¡oirs teûhnrcal reporl5 Íor ccnrÉrl;¿rr:e wrih CEQA, NIPA, Lire Êndatrger-eiJ -\pecre! Acl l!:lA), ¡ rrJ .¡;riotis c,¡lrer regul¿rlrjr\, teqr.iirerrerlts,:ìh,. also {rondr{cts tlt rci-¡r3t1y r'ev, ew ì¡d iilrEr lìi)il i,i, fji)crt fÒr itc,ltt-rrvef :jia I p|o1 :ci'. liiÌcoie iias a irrc;cl :F.,r[r.,"rrrn cf expe:-,elce fi,.r p,rhiic- arrd pl'iv:ie-seI:tcf airerìt3. !ir": h¿s pi"ei:larad anci rrrariage Õ en'¡ironrrental ,rrrcl irlannrng rjccLrmer't¡ for tràr'rsr: rlriertc,:1 1;j¡1¡11¡r¡irrril'Êt ifíìl) r;ro¡crls, drl\,vntcwn anrl cr¡t'rlilor retjevelolnri:ni firog!.ìins, r;rb,¡n rnfil' ire:,rCer;1i.,;i, nrxetJ-Lrse.rni) hrg,lr-risei, r-nâ51,9i pi;tntrer.i !^¡,1¡nrr'ìt¡rih:i., ,ìnr-J qn,lerai L,i.ìn j lo L''/cr | ) yr,rrr. \liccìi-. i:ror,'icic-'C i-EQA ¡ncl iS;\ paricy girid¡iì(ar.rs å tepre:ie¡ìirive o;r i\EP's iegÌsi;ilrvr Revir:w Conl:tlitte.:- r¡r¡-lt.¡,lirrq ùìr í-EO. içj.ri¡l crfior'';s, ,,ire.l.riliirirrÊ, ¡¡r¡l lij 7,1-1. She al:û s¡;t:ak: regular i',' o¡ t-i:r.ìÁr ¿nd rej¡te,: c¡r,t l¿w. HiGHLIGHTS OF EXPERIËNCÊ CEQA DO{,UMEN]TATION ) h{l¡e) a,"rlli:ìir,,roí, AJclerdrrirr I San it¡¡it L.lr,¡str'.:il3 CA > l¡¡' 11,,a,, ilittri ¡nd Vrii,:s rVl\,jl.i i 5arr iir,r;t a-rrjisirÃn{r (.À ) ijr:tor.a. folvr) aenl:¡r'Ì\/l.litcl. Pl;n EiR ; ¡ì¿¡,1 JLr¿¡r C¡pr:ti-¿rt¡,' C > ¡u5l-rr-r i e¡1;:rc.y 5p"a¡¡, r'i¡n IiÊ ; Ttrl'irl CA > Gcner-a! i-ìiarr í--lß:r fc:r cÌires of P;::irdcn,¡, Sâr-ì i--;c nentÈ, Westnlrnster, t:r li¿ìiJre, aÀ r l.inceri¡ Ai.r.:rlr.¡r.'!,¡reríÊc Plan FiR ¿rrrl Cr,¡r,vn Litv lvled¡cai i.r:rter SFIR i F'asaden¿ CA r S.F. long tsei:cil 5leciiìr: Pra;r EIF ancl ,\:lidlown lpecific Plar ElF. i Long Br..tch CA r H;lrlrlT Bouloyarrl [¡]i>rcrl lJ->c lr,:ir:il Clrridor ?lan j Santa Arra CA D Vaijey :loulev¡r,,i r^grirrior5per-ilic Pl¡n EIR i S¿n dern,rrrlì¡ro CoLrnty (:Ä r Thc Forunr De5igil Prcject C..rti:gorìcal Ixerlpliori I ingiewocd ilA IHJRD-PARTY REVIEW & TITIGATION SUPPORT 'r Âddenili;rl lc ih.r ilollvwoc,d Parr tledevelcpnent Dro]ect lR j ln¡:lerarolrl CÀ ¿ Church of ihe Wooijs Firral IiFì | S;rr Bei nardirrc Ccunty í- SPEAKING FNGAGEMENTS , "\ilts & Bolt:: P.rrei: ilulir¡r;¡l Rt':i¡irrcc Ai5Ê:ìs,¡Ênt: irr {.alifornra" j 2t)Ì2 iraÂiP lurl(lÌer)n r TLr:t¡:r CA ' ittlA Ba:rr::, rlntl L.egr:;lat,re ,.-jocl.l'.a I Caiifornia Staie iegi5l¿itu'-e I iêctamcrtl,o l-A ) "i..JpC,rt.-':, an,l i-hðilenge: to a-[aA" i ]01:j CÅli lWcrl<shop: Cirrring the leg.ri Cùi-ir5e. ¡,t:lvigåting Pcìeritlal Pri-1.rlls ir;r'iour Loc.¡i l¡nJ Pr:gr anr I Co5tr \,itìs3 lA TEACHING r ",_eg.rl l-liAtl¡'n¡,'," WOrking Wiilr y(_)ui ,{it(]ir-^y" | [ì1.':-.î .rpeai<er, i.;l'ltr'onment¿1. -t.lll-¡r & !.:rfr:ly tl-le.:i::rri,e for liiiri.rol i:;r.iir1jes, l-iC- Rivr'rri¿r¡ Exten¡icn : 2tll4 '; "i-t(ì ßr:;ic:" i (:r-rest s¡reaker. l-ií- | v'113 ixierr:rl I | 2ÛLÛ LËADËRSHIP AND CCMMUNITY o ¿,rC Cit¿pier Re¡rresc:ntatìr,,r:, Ä!P Le¡lr:ialive Cornr-ìliltee í 2{j0-ì 2t'r:1 :; Lxelt;tt'rc \lrr-;j Pie ld3rìt I /\¡P i-ri,lrìg{t {-!urìtv lll,:ìpter i ,ìlì00-2C0i EDU CATICN ¡ iiJ, iiisi¡e:,: L;lw, U.i iìrthii.i Lô\,v ich¡¡i, l.t,;il': \1.":,¿ > ¡Ji, Ä¡rpirr:d liologv, l.jniver:riv c¡f C¿iifcrnia, irvi¡rr: REGISTRATIONS ) St.lrc lt¡r'r¡i {.aiiir-r n;a irlo, .16.ì0.i.1 AFFILIATICNS > AS_<trCi¿tiolt ¡f !¡1r7ì¡ 9; 11¡1g1:{¡¡j Ê'r-oles:,icnais iAÈ Ii Team member since 2011 @| PLAcEwoRKs 4. ? roìect Sc hed ule Based on the availabillty of a complete project descrìption and supporting technical analyses/studies (as described under "Technical Studies") and upon project initiation, the preparation and processing of an MND and all associated reports are ant¡cipated to require approx¡mately eight months from start (corrtract approval) to finish (Cìty Council hearing). We have prepared an MND Estimated Project Schedule (see Table L) 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 Schedule provided on Table 2. lf selected, PlaceWorks would prepare a detailed project schedule for the City prior to the kick-off meeting for City review and approval. We willwork to meet the scheduling objectives of the City. Table 1. MND Estimated Schedule Task Time Date Contract Approval November 7,2017 Project Orientatìon/Kick-off Meeting November 13,2017 (1 week after approvai of contrãct by City Councìl a-t November 7th councìl meeting). Obtain data, reports, and files required for analysis (see "Technical StuCies"), Novenrber 13-December 4,2017 (3 weeks; schedule assumes that PlaceWorks will be provided with all pertinent pro.ject information/details needed to commence the analyselstudies prìor to or on November 1 3, including a conrpleted applicant-prepared traffic study and project constructlon data request) Fißt Project StatulUpdate Meeting (meeting to discuss inìtial fìndings and conclusions of technical ana udies) PlaceWorks Prepàration of First Screencheck Draft lnitial Study (proceed with preparation of Initial Study that will suppon an MND, based on findings of technic¿l analyses/studies and direction provided àt proiect status/update meeting with Cìty staff) City Review of First Screencheck Draft Initial Study (including technic¿l appendìces) January 1 2*January 26 (2 weeks) Second Project Statulupdate Meeting (meeting to discuss Screencheck Draft lnltial Study) January 26,2018 PlaceWorks Revisions and Preparâtion of Second Screencheck Draft lnìtial Study January 29-February 1 2, 201 8 (2 weeks) City Review of Second Screencheck Draft lnitial Study February 1 2-February 26, 2018 (2 weeks) PlaceWorks RevisÌons and Preparation of Public Dralt lnitial Sludy Febru 26-March Z, 2018 (5 workìng days) CEQA Public Review Period of Public Draft lnitial Study/i/ND tur.¡ q-April 3. 2018 (30 calendar Third Project StatulUpdate Meeting (meetinq to discuss comment lelters receìved on public draft lnitial Study) April 2, 2018 Prepâration of Draft Technical Analyses/Studies (Visual-Aesthetic Simulation, Air Quality & GHG, Historic Resources, Cultural Resources, and Noise Analyses) PlaceWorks Preparation of Response to Comments and Mìt¡gation Monitorìnq and Reporting Program Planning Commission Meetings (up to 2; per the City's website, Planning Commission meetings are held once a month, on the fourth Tuesday of each month) City Council Meetings (up to 2; per the City's website, City Council meetings ¿re heìd once a month, on the first Tuesday of each month) Week oí December 5,2017 December B, 201 7-January 12,2O18 (5 weeks; schedule takes into consideration holìday closures ancJ vacations) April 2-April 16,2018 (2 weeks; schedule includes PlaceWorks preparation and City review lime) First Meeting: April 24, 2018 Second Meeting: May 22, 2018 First Meeting: iune 5, 20'l 8 Second Meeting: July 3, 201 B PROPOSAL FOR ENVIRONMENTAL AND TECHNICAL SERVICES I PTACEWORKS 2I Table 2. EIR Estimated Pro Schedule Task Contract Approval Projecl Orientation/Kick-off Meeting Preparation of Draft Tech nical Analyses/Studies (Visual-Aesthelic Simulation, Aìr Quality & GHG, Historic Resources, Cultural Resources, and Noise Analyses) Tlme Date November- 7 ,2017 November 13,2011 (1 week after aporoval of contracl by Cìty Council at November 7th council meeting), Obtain data, reports, and fìles required for analysis (see "Technical Studies"). November 1 3-December 4,2017 (3 weeks; schedule âssumes that PlaceWorks wili be provided wjth all pert¡nent project information/details needed to commence the analysesþtudies prior to or on November 'l3, includìng a completed applicant-prepared traffrc study and project construct¡on data request) First Project Slatus/Update Meet¡ng (meeting to dìscuss initial lindings and conclusions of technical ana'yses/st udies) PlaceWorks Prepåration of First Screencheck Draft lnitial Sludy (proceed with preparatìon ol lnitìal Study that wiil support an ËlR, based on findings oftechnical analyses/studies and direction provided ai project stâtus/update meeting wìth City staffl) Week of December 5,2017 City Review of First Screencheck Draft lnitìal Study (includìng technical appendices) January 1 2-January 26 (2 weeks) Second Project St¡tulUpdate Meeting (meeting to discuss Screencheck Draft lnitral Str:dy) ianu¿ry 26, 201 I PlaceWorks Revisíons and Preparat¡on of Second Screencheck Drãft lnit¡al Study January 29-February 3, 2018 ('l week) Cìty Review of Second Screencheck Draft lnitial Study February þ-February 10, 2018 (1 week) PlaceWorks Revisions ând Prepâraìion of Publìc Draft ln¡tiål Study February 13-February 17, 2018 {5 working days) December 8, 201 7-January 12,2018 (5 weeks; schedule takes into consideration holìday closures a nd vacations) CEQA Public Review Period of Public Draft lnitial StudylNOP February 2O-March 21 , 2018 (30 calendar daÞ) Public Scoping Meeting February20,2018 Third Project StatuyUpdate Meet¡ng (meeting to dlscuss comment letters received on public draft lnitial Study) April 2,2018 PlaceWorks to Prepare First Screencheck Draft EIR lanuary 29-April 6, 2O1B (1 0 weeks; begins concurrenl with 2nd draft lnitial Study ìncludes NOP comments) Cily Review of First Screencheck Dr¿fi EIR April 9-May 4,2018 (4 weeks) PlaceWorks Revisions ând Preparation o{ Second Screencheck Draft EIR May 7-May 25, 2018 (3 weeks) City Review of Second Screencheck Draft EIR PlaceWorks Revisions and Preparation of Public Draft EIR and City Approval CEQA Public Review Period of Dratt EIR PlaceWorks Preparation of Response to Comments, Findings of Fact, and Mitiqation Monitoring and Reporting Program Planning Commission Meetings (up to 2; per the City's websrte, Planning Commission meetings are held on the 2nd and 4th Tuesday of each month) May 28-June 8, 2018 (2 weeks) June 1 1 June 1 5, 201 I (1 week) June 1 9-Augusl Z, 2018 (45 _calendar days) August 3-August 31, 20'l B (4 weeks; schedule includes PlaceWorks preparalion and City review time) First Meeting: August 28, 2018 Second Meeting: September 1 1, 2018 Gty Council Meetings (up to 2; per the City's website, City Council meetings are held on the 1 st and 3rd Tuesday of each month) First Meeting: October 2,2018 Second Meeting: October 1 6, 201 I 22 CITY OT SAN JUAN CAPISTRANO I RIVER SÍREET MARKEÍPLACE EXHIBIT B Ír l-'ru11er,iL3urlQel The proposed project budget assumes that there will be a high level of public scrutiny and will require detailed environmental review and reports, several meet¡ngs, and a high to rnoderate level of public comment. Please refe¡' to the "General Methodology and Approach" in the transmittal letter for an understanding of our approach. PlaceWorks will complete the lnitial Study/Mitigated Negative Declaration and technical services outlined in this proposal for a fee of not to exceed S118,911 (see Table 3). ln the event that a Focused or Full scope EIR is required, the total not to exceed fee ìs S168,239 (Table 4). Costs are based on PlaceWorks'7O1-7 Standard Fee Schedule (see Table 4). ,A breakdown of the cost by pos¡tion, 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 Cort AND PUBLIC Administration q7.9!9.- Ta:k 2: Data Collection and Kick-of Meetilg_ *_.._--* _ Task 3: Meeti ¿nd Public TECHNICAL SIUDIES Task 4: Technical 4. 1 : Visual-Aesthetic Simulation 4ElEs.--.1 1.655 4.2: Ak Emissions 4.3: Noise 4.4: l'listorìc Resources Urbanal 4.5 Resources 430 10 DOCUMENTATON Task 5: Screencheck Task 6A: Public Draft 1,800 CERTIFICATION to Comments 8,920 Task 8:Mon and 540 Task 1o: Not¡ce of Determinât¡on 360 Subtotal - Labor 1l REIMBURSEABLES IS/MND 5 hârd anC 50 CDs $10 825 FedEx and Certified 950 __[q.p-o-ltuto*commentsl!q{çSll"t_+-d_1r*ÇDt_@_!10 425 EDR 350 lnstrumentatìon 7s0 CDFW and Fees tvl m iscellaneous Office of Subtotal 1. lncludes a 10 percent mark-up. 2. ¿% of Placeworks Labor for office Êxpenses ,*1Jp-0 9 7 1,12A ti 500 520 PROPOSAL IOR ENVIRONMENTAL AND TECHNICAL SERVICES I PTACEWORKS 23 Table 4. Focused EIR or Fgll Scope EIR Cost Estimate Task I Cost PROJECT AND PUBLIC HEARINGS Task 1:and Administration fask 2; Data Collection and Kick roll-N4cgltg Task 3 and Public H TECHNICAL Task 4: Technical 4.1 : Visual-Aesthetic Simulation Analpis 4.2: Air 4.3: Noise 4.4: H¡storic Resources Urbanal 4. 5: Cultur¿l Resources DOCUMENTATON Task 5: Screencheck Draft ln¡tral study Task 68: Notìce of Prep¡ration and Scaping Meeting Task 6C: Screencheck Draft EIR Task 6D: Public Draft EIR CERTFICATION DOCUMENTS .._k:!li¡ePg'-1c-!-e_ç9rq9!-E -_ Task 8: Mitigation Monitorino and ñeoo¡tinq Task 9: Findings of Fact ¿nd St¿tement of Consìderations Task 10: Notìce of Determination Subtotal - L¡bor REIMBURSEABLES LslNg!_:,lE'dg_SLSjI9 50 c q-s- @ 11 Public Draft EIR 5 hard copies ând 50 cDs () $ 1 0 FedEx and Cert¡fìed Response to Comments l-!el{ "sspjssr c--2!*c.p-{s.$. !o EDR lnstrumentåtion CDFW and Fees miscellaneous Office of Subtotal 1. lnclud6s a 10 percent mark-up. 2. ?70 of Placeworks llbor for_office ExS,"-t-":118l{q0:09:]. - $7.560 ._.**l/qo 7,650 11 9,390 7,840 i0 16.390 ¿,680 37 520 540 124 360 825 ,__ *.l.å10 1,57? 425 350 750 3,ZOO 4*0_. $1 1,309 _ _11'e?_!-. 430 24 CIÌY OF SAN JUAN CAPISTRANO I RIVER STREET MARKË'IPLACE Table 5. PlaceWorks - 2Ot7 Standard Fee Schedule Staff Level Principal Associate Principal Senior,AssociatdSenior Scientist Assoc¡ate/Scientist Project Planner/Project Scientist Pla n nerlAssistant Scientist Graphics Specialist Clerical/!Vord Processing lntern are b¡lled at cost plus 10%. Hourly Eill Rate $2 1 0-$325 $ 1 90-$22 s $1 60-$200 $1 20-$1 70 $95-$1 25 $Bs-$ 1 00 $65-$1 3s $4s-$1 60 s65-$Bs MileaRe reimbursement rête ¡s the IRS-ãDnrôvêd rete. PROPOSAL FOR ENVIRONMEN'IAI AND TECHNICAL SFRVICES I PIACEWORKS 25 C¡ty otS¡n lsñ qpiSano€ñvirormenlal and Ttrhnical Sedies for the FroFsed River Street Mertdpla'e1A8I-E 4. DETAILED COST PROPOSAI,s rñai2eñ: $i3 sFÀ 5m: ¡gx ?Õ<14 !a!eoã¿{I+rIËãIñsilllre6ã¡d419 i.ll"1,-. -ãnr e ã"1.Iil-EcÈát;i.-.:[:'(, ]::i c:;'r B. services. ,. o? g $5 ;tr Jåå,)i fsäååå'ff' -' This Agreement is made and entered into as of Ñn)O,ffiblV * ., 2017 by and between tne ıity of San Juan Capistrano, a municipal corporation organized and operating under the laws ór tne state of California with its principal place of business.at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and LG2WB Engineers, lnc', a California Cóiporrtíon, dba Linscoit, Law & Greenspan, Engineers, with its principal place of business at 2 Èxecutive iircle, Suite 2S0, lrvine, 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 lmpact Analysis (TlA) for th_e River Street, San Juan Capistrano project, wnicn will likely include thé following entitlements: Code Amendment (cA) 16-003, Architectural Contror (Ac) ,í6-029, Grading ptañ fr¡ooitication (cPM) 16-014, Flood Plain Land use Permit (Fp) 16-'OOi, Tree iemoval Èermit (TRP) 16-047, Site Plan Review (SPR) 16-007, and Sign Þrogra* (SP) 16-037 (hereinafter referred to as "the Project")' Consultant is duly licensed and has the necessary qualifications to provide such 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. Com.Pensation. 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 "8." b. ln 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 costã, and the City will not pay any additional fees for printing expenses' þeriooîc 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. AdditionalWork' lf 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 ouilining 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 Àjreement shall be prepared by the iity and executed.by both Parties before performance of srich services, or the'City will not be reqúired to pay for the changes in the scope of work' Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Ma'[rtenqnce of Recqtds. 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 tour 1a¡ years from the date of final payment under the contract for inspection by CitY. 5, Time of Perfofmangg. Consultant shall perform its services in a prompt and timety manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to proceed"). bonsultant shail 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 consiôered in default of this Agreement for delays in performance cãused by circumstances beyond the reasonable control of the non- ferfórming party. For purposes of this Agreement, such circumstances include but are not iir¡t"O to, áOnormal 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 circumstañces preventing continued performance and the efforts being made to resume performance of this Agreement. 7. ComPlíance 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. lf required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Gonsultant by federal, state and local regulatory agencies. c. lf applicable, Gonsultant 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 ãrdinarily exercised by members of the profession currently practicing under similar conditions' 9. Assiqnment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement withouithe written consent of the City, which mqy.be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without légal effect and shall constitutjgrounds for termination. Subcontracts, if any, shall contain a p-räuirion making them subject tiatl provisions stipulated in this Agreement. Nothing contained 'here¡n shall preùent Consuitant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10. lndePendent Qonsultant 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 sfratt O'e in accırdance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11. lnsurance. Consultant shall not commence work for the City until it has provided evidence satisfactorñ- the City it has secured all insurance required under this section' ln addition, consultant shall not ailow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a, Commercial General Liaþilitv (i) The consultant shall take out and maintain, during the performance of all wòrr unoer this Agreement, in amounts not less than specified herein, Commercial General Liability lnsurance, 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) lnsurance services otfice commercial General Liabitity coverage (Occurrence Form CG 00 01) or exact equivalent' (iii) Commercial General Liability lnsurance must include coverage for the following: Bodily lnjury and ProPertY Damage Personal I njury/Advertising lnjury PremiseslOperations Liabi I itY Prod ucts/Completed Operations Liability Aggregate Limits that Apply per Project Eiplosion, Collapse and Underground (UCX) exclusion deleted Contractual Liability with respect to this Contract 3 (1) (2) (3) (4) (5) (6) (7) (8) Broad Form ProPertY Damage (9) lndependentConsultantsCoverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contrabtual liabitity; (2) cross liability.exclusion for claims or suits by one ¡nsured- against another; (3) produðts/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 OesigàáteO volunteers additional insured status using ISO endorsement forms Cb ZO 1O 10 01 and 2A 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-inðured retention, subject to written approval by the City, and provided that súch deductibles shall not 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 Consùítant shall maintain Automobile Liability lnsurance for bodily injury and pioperty 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 lnsurance òórv¡ces Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, anY auto)' (¡ii) 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. Vlorkers'C9mpensation/Er.nqþyer's LiAþilitv (i) Consultant certifies that he/she is aware of the provisions of section 3700 of the caíifornia 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. (i¡) To the extent consultant has employees at any time during the term of this Agreemenì,'at all times during the performance of the work under this Agreement, the Consultani 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 lnsurance Act," Division lV 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 iequire 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 Liabilitv (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professioial 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 againJt acts, errors or omissions of the Consultant. "Covered Professional Services" as dãsignated in the policy must specifically include work performed under this Agreement' The poliÑ must "pay on nefrãf of'the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policv Limits Required (i) The following insurance limits are required for the Agreement: Combined Sinqle 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,OOO,OO0 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits' (i¡i) 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 thé parties iequired 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 (or insurer's eqüivalent) signed by the insurer's representative and Certificate of lnsurance (Acord Form 25- S'or equiúalãnt), together with required endorsements. All evidence of insurance shall be signed by a propedf authorized officer, agent, or qualified representative of the insurer and sñalt certify the namâs 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 cìty at least th¡rty (30) days prior written notice of caàôellation 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. lf any of the required coverage is cancelled or expires ãuiini the term of ü,is Agreement, the Consultant shall deliver renewal certificate(s) including the Ginerat Liability Adoitional lnsured 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 prôvision stating that Consultant's policy is primary insurance and that any insurance, self-insuränce or other òoverage 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 etfective date of tÀ¡é Agreement. Consultant shall maintain such coverage continuously for à period of at least threã years after the completion of the work under this Agreement. Consultant shall purchase a ône (1) year extended reporting period A) if the retroactive date is advanced past the effective date of tÉis 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, shâll contain or be endorsed to waiver of subrogation in favor of the City, its officiais, officeis, employees, agents, and volunteers or shall specifically allow Consultant or others providing insuianôe evidãnce in compliance with these specifications to waive their right of recovery priol to a loss. Consultant hereby waives its own right of recovery against City,-and shall reqúire 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 äie maoe or suits are brought, except with respect to the limits of liabitity. fúrtner 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 preclúde the City from taking such other actions available to the City under other provisions of the Agreement or law' h. Qualifvino lnsurers (i) All policies required shall be issued by acceptable insurance companies, as determíned by the City, which satisfy the following minimum requirements: (1)Eachsuchpolicyshaltbefromacompanyorcompanies with a current A.M, Èest's rating of no less than A:Vll 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 applicabte provisions of the California Insurance Code or anY federal law' i. Additiongl lnsurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be mainiained by Consuttani, 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 othenruise assumed by the Consultani pursuant to this Agreement, including but not limited to, the provisions concerning indemnification' (ii) lf at any tìme 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 hãs the right but not the duty to obtain th_e insurance it deems necessary and any premium pá¡o oy city will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. ln the alternative, City may cancel this Agreement, (i¡i) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project' (¡v) Neither the city nor any of its officials, officers, employees, agents or volunteers shall oê personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant lnpurance Require,neryLs. Consultant shall not allow any subcontractors or suOconsultans io commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under ihis 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. lf requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants' 12. lndemnification. 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, officerê, employees, agents and volunteers free and harmless from any and all claims, demands, causes of aót¡on, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or pàÀoné, including wrongful death, (coilectively, "Claims') in any manner.arising out of, þertaining to, or i-nc¡Oenito any alleged acts, errors or omissions, or willful misconduct of ıonsulta-nt, its officials, officers, employees, subcontractors, consultants or agents in connection with the pårformance 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 iñOemnify shall not be restricted to insurance proceeds, if any' received by the Cìty, its officials, officers, employees, agents or volunteers' b. Additional lndemnitv Obliqations. Consultant shall defend, with counsel of City's choosing and at Consultant s own cost, expense and risk, any and all Claims covered by th'is section -that may be brought or instituted against the City, its officials, officers, employees, agents or voiunteers. Õonsultant shall pay and satisfy any judgment, award or Oeireé 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 coit of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part óf any such claim, suit, action or other proceeding. Such rèimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shatt ie¡mOurse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of. them in connection therewith or in enforcing the ìndemnity herein provided. Consultant's obligation to indemnify shall not be restricted tı 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 1T2O et seq. and 177Q elseq., which require the payment of prevailing wage rates and ina ô"rforrance of other requ¡rements on certain "public works" and "maintenance" projects' lf the services are being performed as part of an applicable "public works" or "maintenance" froject, as defined Oy tne Prevailing Wage Laws, and ! the total compensation is $1'000 or roie, Consultant agrees to fully éompiy with such Prevailing yya99 Laws, if applicable. Consultant shall defénd, indemnify and hold the City, its otficials, officers, employees and ãg"Àtr free and harmless from any claims, liabilities, costs, penalties or interest arising out of añy failure or alleged failure to comply with the Prevailing Wage Laws. lt shall be mandatory upôn the Consultant and all subconsuitants to comply with all California Labor Code provisions, *tr¡cn include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. b. lf 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 ali subconsultants performing such Services must be registered with the Department of lndustrial Relations. ionsultant shall maintain registration for the duration of the eróject and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of lndustrial Relations' lt srrail oe Consultant's sole resfonsibility to comply with atl applicable registration and labor compliance requirements. 14. Verification of Ernployment EliLibility. By executing this Agreement, Consultant verifies that it fully complies with .ll requiremänts and iestrictioni of state and federal law respecting the employment of ,nào"umented aliens, including, but not limited to, the lmmigration Reform and Control Act of 1gg6, as may be amended frım 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. lf any action is brought to interpret or enforce any term of this Agreement, the action shall be broughiin a state or federal court situated in the County of Orange, State of California' 16 Termination or Abandonment I a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving tenll0) calendar days written notice to Consultant. ln such event, City s-hall oe ¡mmeðiately given title and possession to all original field notes, drawings and speciiications, written reportJano other documents produced or developed for that portion àf pre'work completed and/oi being abandoned. City shall pay Consultant the reasonable value of services rendered for any po-rtion of the work completed prior to termination' lf said termination occurs prior to comþletion of any task for the Project for which a payment request has not been received, the charge for services pedormed during such task shall be the reasonable value of such service!, 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 entiiled to payment foiunperformed 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 th¡rty (30) caiendar days' written notice to City only in the event of substa-ntiat failure by City tó pärfórm in accordance with the terms of this Agreement through no fault of Consultant. 1T Documents. Except as otherwise provided in "Termination or Abandonment," ábove, all orfiìnat EtO notes, written reports, Drawings and Specifications and other documents, prıduced or developed for the Project shall, upon payment in full for the services described ¡n in¡s Agreement, be furnished to and become the property of the City. 18. Oroanization Consultant shall assign Tawv,tar 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. Limitetion of Aoreement. 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: City of San Juan CaPistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: David Contreras, Senior Planner CONSULTANT: Linscott, Law & Greenspan, Engineers 2 Executive Circle, Suite 250 lrvine, CA 92614 Attn: Richard E. Barretto, Managing Principal and shall be effective upon receipt thereof 21. Third Pgrtv Riqhts I Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. EqualOpportunitvEmolouîent' Consultant represents that it is an equal opportunity employer and that it shall not discriminate against ány 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-discriminãtion 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 Aqreqment This Agreement, with its exhibits, represents the entìre 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 persgn which are not inððrpor.ted hårein, and that Jny other agreement.s sl'ttllbe void. This Agreement mav not be modified or altered except in writing sijned by both Parties hereto. This is an integrated Agreement, 24. Severaþilitv The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal' 25. Successqrs and Assions 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 opLration of law or otherwise any or all of its rights, burdens, duties o¡" ãOtif"tions 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. Citv's Right to Emplov Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Proiect or other projects. 29. Prohibitedlnterests 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 il agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commiséion, þerceniage, brokerage fee, gift or other consideration contingent upon or resulting from the award or maliing of this Ãgreement. 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 thib Agreement, or obtain any present or anticipated material benefit arising therefrom. ISIGNATURES ON FOLLOWING PAGEI 11 SIGNATTJR-E PAGE FOR PROFESSIONAL SERVTCES AGREEMENT BET\ryEEN THE CITY OFSAI{ JUAN CAPISTRANO AND LG2\ilB ENGINEERS,INC. A CALIFORNIA CORPORATION' DBA LINSCOTT, LAW & GREENSPAN' ENGINEERS lN W¡TNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. clTy oF sAN JUAN CAPISTRANO LGzWB Engineers, lnc,, a califomia corporation, dba Linscott Law & Greenspan, Engineers By: Princioal Printed Name:Richard E. Barretto. P.F'. By: Its: By: APPROVED AS TO FORM: By: 12 EXHIBIT A August 24,2017 Mr. David Contreras Development Services DePartment City of San Juan CaPistrano 32400 Paseo Adelanto San Juan Capistrano, CA 9267 5 LLG Reference: P2. I 7.0208. I Subject:Proposal to Províde Professional Traflic Engineering Services Associated with the River Street l)evelopment San Juan Capistrano, Califomia Dear Mr. Contreras: Thank you for considering Linscott, Lav't &, Greenspan, Engineers (LLG) on the above referenced project. As requested, LLG is pleased to subrnit this proposal to provide professional tralfic 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 shrdy 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 retaillcommercial, 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 addition, the Project proposed to improve Paseo Adelanto, along project frontage and construct up to 24 diagonal on-street parking space in place of on'street parallel parking. The site is located north of Del Obispo Street, south of River Street and west of Los Rios Street, in the City of San Juan Capistrano, California' Engineers & Plrnners ïrallic TranspoÍlatron Parking linscott, law & Greonspon, Engineers 2Exeeutive Ckcle Suite 250 lrvine, CA 92614 l}{9,825.6175 t 9{9.û?5.6rR ¡ wwwllgengineers.com Pasadena lrvi¡e San 0iego Las Vogâs Phrh0 M. !¡osco& PErìc¡uo6r Jack M 6reenspan, PE tnett Willi¡m A. l¡w, PE t¡srt PôulW Wilkinsôfi, PE John P, Keating, PE 0av¡dS Shénúer.PÊ John A. 8o¿rman, 9E Clare M loot.Jaeqet PE ßichard E Saretto, PE (oil 0. Måbsrry, PE e¡l(ltn(et'J LrNStot r LAW & GR¡rruspR¡r Âr¡ L62WB Corp¡ry F!úflred 1966 Mr. David Contreras August 24,2017 PageZ This Traffic lmpact Analysis Report for the proposed Project will be prepared pursuant to the City of San Juan Capistrano Administrative Policy 310, Preparation and Use of Traffic Reports and will be consistent with the current Orange County Congestion Management Program (CMP) Trffic Impact Analysis Report (fIA) Guì.detines. For the purposes of this proposal, the traffic study will focus on the Project's traffrc impacts at up to eleven (l l) intersections, ten (10) roadway segments and Synchro Operational Analysis for one (l) roadway segment consisting of three (3) intersections for the shrdy 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, clated 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 Califomia and Nevada. LLG's specialties include: ¡ Traffic Studies for Environmental Documents r Traffrc Impact Shrdies I Site Access and Circulation ¡ Multimodal Analysis r Traffic Planning, Operations, and Simulation Str¡dies r Circulation Elements for General Plans and Specific Plans ¡ Bikeway Alignment Plans r Shared Parking Demand Forecasting r Parking Design and Planning r Complete Sfreets Consultation r Preliminary/ConceptualEngineering ett9ìnce/t LINSCOII LAW & GqrttspR¡r Mr. David Contreras August 24,2017 Page 3 r Traffic Signal Design r Traffrc 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. Barretto, P.8., 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 hearings/community meetings, present reporls to the various commissions and/or City Council when requested, T,awwar Saiyed, P.8., Senior 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 ofthis proposal. Justin Tucker, Transportation Engineer I, and Angela Besa, Transportation Engineering I, who have both been with LLG for 2 years, will provide support related to the cletailecl 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 plaruring, operations, and traffic engineering projects in the City of San Juan Capistrano over the past decade and the most recent ones are listed below: I 24-Hour Fitness, San Juan Capístrano r Kimpton Hotel Capistrano, San Juan Capistrano ¡ Mission Inn Hotel, San Juan Capistrano . San Juan Hotel & Villas, San Juan Capistrano t PLaza Banderas, San Juan Capistrano eltqttleel\ LINSCOI t LAW & GRrtrusp¡ru Mr. David Contreras August 24,2017 Page 4 Given the above, and our overall sense and understanding of the issues, we propose to do the following: SCOPE OF WORI( Task t: Project Mobilization l.l Meet with the Project team to discuss the proposed Project and conñrm iand use development tabulation to be evaluated in the traffic study. Discuss assumptions to be used to include completion year and obtain a site plan (preferably in electronic format) displaying the proposed use and associated parking. t.2 Coordinate with the City of San Juan Capistrano Traffic Engineering staff to discuss the Project, identifu pertinent traffic issues and concems to be addressed, formalize work program for the traffrc impact shrdy, 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 conftrmed. The Scope of Work Memorandum will include' but not limited to, the following: ¡ Project Description and Location r Traffic Study Locations (i.e. intersections and/or roadway segments) r Source of Existing Traffic Counts ' Project Traffic Generation Rates and Forecast . Project Traffic Distribution Pattem/Assignment ¡ Near-Term and Long-Term Trafflrc Forecasting Methodology, r Analysis Scenarios and Level of Service Methodology . LOS Standards and Significance Impact Criteria Task 2: Data Collection and Research Z.l 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. Z.Z Work with the City of San Juan Capistrano Planning Department, and adjacent jurisdictions and obt¿in a list of related projects that will need to be considered in the traffic study that may contribute to the cumulative impacts on the street eilvttÌPet\ LIN5LOI I tAW & GR¡r¡rspn¡¡ Mr. David Contreras August 24,2017 Page 5 2.3 2.4 system in the vicinity of the Project. Obtain copies of approved traffrc studies for related projects. Visit the Project shrdy area to confirm existing conditions with respect to existing site development, local area develoþment, site access, parking use, and areas of congestion in order to veriff our overall understanding of haffrc conditions in the area that rnight affect this Project. In conjunction with Task 2.3, document the existing roadway striping, traffrc 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: Trafüc Count Proeråm & Traffic Modeling Suoport 3.1 Based on review of the City's Scope of Work, the following eleven (ll) locations were identified as potential study intersections: l. Ortega Highway / I-5 NB RamPs 2. Ortega Highway / I-5 SB RamPs 3. Del Obispo Street I OrtegaHighway 4. Del Obispo Street / Camino Capistrano 5. Del Obispo Street / Paseo Adelanto 6. Del Obispo Street / Alipaz Street 7. Del Obispo Street / Del Avion 8. Ortega Highway / Camino Capistrano 9. ** Valle Road / I-5 Ramps / La Novia Avenue 10. ** Valle Road / San Juan Creek Road 11. ** San Juan Creek Road / 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 7:00 AM - 9:00 AM and 4:00 PM - 6:00 PM in support of detailed intersection capacity analyses. ' .i l t . -lJ-'! .1 :- :r,-.-' ir:. l'1:f"rltri!-'i,l-l :lr' -j'ìr'i llr,")'':'1)ll;l r?i , , r,- .1,.¡:i .j l_ : i'r: \::;..-i I Ji )li¡Ììlrrl )' , i¡ iri,it' !ir'.r' ¿l'. en(lltl¿et\ LrNst0r t LÂW & GRtTNSPAN Mr. David Contreras August 24,2017 Page ó 3.2 3.3 ** These intersections will require an initial screening analysis in order to determine if they should be included in the overall intersection study. The following ten (10) locations were identified as study roadways segments in the City's Scope of V/ork: L Ortega Highway between I-5 SB ramps and t-5 NB ramps 2. Ortega Highway between camino capistrano and Del obispo street 3. Camino Capistrano between Ortega Highway and Del 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 6. *{'*Valle Road between San Juan Creek Road and Roundabout 7. Del Obispo Street between I'5 SB ramps and Ortega Highway 8. Del Obispo street between ortega Highway and camino capistrano L Del Obispo Street between Camino Capistrano and Alipaz Street 10. Det Obispo Street between Alipaz Street and Del Avion Per the requirements of the city, LLG will conduct th¡ee (3) days of supplemental 24-hour traffîc 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' 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 (l l) intersections and ten (10) roadway segments. If necessary, coordinate with the City's traffic modeling consultant, IJrban Crossroads, Inc. to develop applicable growth rates for the shrdy intersections not included in the City's current version of the South County Sub-Area Traffic Model (SCSAM). eu(l tnP?t\ LlNScorl LA!! & GRtFNSPAN Mr. David Contreras August 24,2017 Page 7 3.4 If required by the City, have the City's t¡affic modeling consultant, Urban Crossroads, Inc. run a select zone analysis based on the proposed land use using the City's traffic model to assist in refining the trip distribution pattern ofthe Project. Task 4: Trip Generation. Distibution and AssiÊnment 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 9th Edition, published by the Institute of Transportation Engineers (lTE), and/or those published in San Diego Trffic Generators, current edition, published by San Diego Associated Governments (SANDAC), 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 frorn 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 Juan 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 (t l) key study intersections and ten (10) roadway segments based on the existing traffic data eilutneet\ LrNSc0fl LAW & tRr¡¡lspnH Mr. David Contreras August 24,2017 Page 8 collected in Tasks 3, and the traffic characteristics ofthe proposed Project and all cumulative projects. Task 5: Project Evaluation and Mitiqation Measure Analysis 5.1 Prepare AM and PM peak hour Level of Service (LOS) calculations at up to eleven (l l) key intersections for the following traffic conditions. The LOS calculations for key signalized intersections within the City of San Juan Capistrano witl be calculated using the [ntersection Capacity Utilization (ICU) method and the Highway Capacity Manual (HCM) method based on the City's minimum "D" level-of-service per the General Plan Growth Management Element. The Traffrc Impact Scenarios are listed below: L Existing Traffic Conditions, 2. Existing Pius 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, 6. Existing Plus Project Plus Buildout Traffic Conditions, 7. Scenario (6) Withlmprovements; 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 HCM 6th Edition methodolosy is the most cuÍEnt HCM methodolog.v. but based on di¡ection bl¡ Citv St¿ff. the older HCM 2010 mcttþdology is to be used. 5.2 Evaluate the peak hour haffic impacts of the Project at the eleven (l l) 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 haffic impacts will be made relative to existing traffic conditions and cumulative traffic conditions based on the City of San Juan Capistrano definition for signiflrcant 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 i l ' ,:, -.:, )'i ìI ':.,' .)lt(l,tlPl'f\ LINSúOII LAW & [IRIEN\PAN Mr. David Contreras August 24,2017 Page 9 satisfactory Service Levels and/or an acceptable level of insigni{icance þre- Project traffic conditions). The recommended mitigation measures may rnclude intersection improvements and/or signalization improvements, shiping modifications, and the addition of auxiliary hrrning 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 ten (10) key study roadway segments based on the City's minimum "C" level-of'service per the General Plan Growth Management Elernent. Midblock link capacity analyses will be prepared for the following Traffic Impact Scenarios: L 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, 6. Existing Plus Project Plus Buildout Traffic Conditions, 7. Scenario (ó) With Improvements; if necessary. Evaluate potential daily Project traffic impacts based on the Cþ's minimum "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 signifrcant 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 HCM method to determine if Project-related traffic and cumulative traffic have a significant impact on a roadway segment's peak hour LOS. Task 6: Oueuing Analysis 6.I Queuing analysis will be conducted at the following three (3) intersections using either Vistro or Synchro software to determine the hrrn pocket storage lengths necessary to accommodate near-term 95th percentile queues. The analysis will be conducted for AM and PM weekday peak hours: c¡t9,tteet\ LrNSC0ir LAW & GRrtuspn¡r Mr. David Contreras August 24,2417 Page l0 Del Obispo Street / Camino Capistrano Del Obispo Street / Paseo Adelanto Del Obispo Street / Alipaz Street Task 7: Faír-Share Analvsis 7.1 Per Cify Council Policy lll, calculate the Project's fair-share analysis percentages to determine the Project's responsibility for constructing and/or financing all necessary mitigation rneasures/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 driveway(s), ingress and egress safety opportunities ancl constraints, and pedestrian circulation. Provide circulation recommendations where necessary. Tæk q: ParkineAnalysisg.I 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 (ULÐ Shared Parking methodology to determine 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, evening, and night periods. Task t0; Néighborhood Parki$e tntruqion Analysis l0.l 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-th¡ough traffic and, if necessary, o'calm traffic flow" into and out of the adjacent Los Rios Neighborhood. l. .| J. ettql¡lPPît LrNstorl LAW & GRrr¡¡spR¡r Mr. David Contreras August 24,2017 Page I I Task I l: Preoaration of Scßencheck and Draft Traffrc Report 1l.l 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) hardcopies 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. ll.2 [f necessary, update screencheck report based on City staff comments, and submit three (3) hardcopies and a CD-R in MS Word format of the Draft TIA to the City of San Juan Capistrano within one (l) week of receiving City comments on Screencheck, 1 1.3 Once approved by the City, submit five (5) hardcopies and a CD-R in MS Word format of the Final TIA to the Cþ of San Juan Capistrano within one (l) week of City Engineer approval of Draft TIA. The traffic report will be suitably documented with all tabulaq graphic and appendix materials. Task 12: Meetinq Support l2.l Prepare for and attend up to two (2) City Staff meetings, to include a kick-off meeting and one (t) Project status/update coordination meetings with staff. The average length of each meeting is assumed to be one (l) 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 Capisftano Planning Commission, The average length of each public hearing/meeting is assumed to be three (3) hours and two (2) hours of preparation and travel time. 12.3 Prepare for and attend two (2) public meetingslhearings 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 fime. 12.4 Prepare for and attend two (2) public meetings/trearings 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. ).i t'.. :t : | .,'. -. ìr '.., ,,t. ,.:¡r;i,t i,, ,tit,. i .1.ì:-.,¡r, ' i. ,. .,:, .lr ::: i l, . cnq)nPL,r\ LlNSc0il LAW & GqrrHspnN Mr. David Contreras August 24,2017 Page 12 Task 13: Resoonse to Commonts l3.l 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 I through ll, excluding Tasks 3) will not exceed S43,775.00. For Tasks 3.1 and 3.2, we request an allocation of $9,960.00 to collect 3-Day weekday peak 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 (l l) key study intersections and ten (10) key roadway segments, respectively. For the work associated with SCSAM traffrc model runs (Tasks 3.3 and 3.4), we request a budget of 5ó,000.00. For meeting support outlined in Task 12, we request a budget of $7,3 t 0.00. 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. ettqrttèet., LINSIOII LAW & [;RTTNSPAN . r ,,'i,.,,i1¡,x.i_j_ li\ Mr. David Contreras August 24,2077 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 haffrc 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 traffrc 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 conhact amendment will be prepared. LIABILTTY 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 550,000.00 or Linscott, Law & Greenspan, Engineers' total fee for the services rendered on this Project, whichever is greater. t, t.. \ , ,,. r ì. ',1ì'irr \ i: .ìtì lt. .,,l¡':.t l -'t, 'i; l )r_...;¿,,ì¡ì,,.,. i:r, i, r' l;. irJ, ettotneer\ LINSC(ìTI LAW & GRITNSPAN Mr. David Contreras August 24,2017 Page 14 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 ofthis 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, [nc., 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 pröposal 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, P.E Principal California Registration: TR 2006 Attachments Zawwar Saiyed, P.E. Senior Transportation Engineer California Registration: TR 2525 e tt ll t n e c r \ LrNSc0r I LAW & GRrrnspe¡r Mr. David Contreras August 24,2017 Page 15 ACCEPTED FOR TASKS 1 THROUGH 13 AS OUTLINED ABOVE, FOR A FEE NOT TO EXCEED $67,045.00 (Authorized Agent)(Title) (Firm)(Federal t.D. #) (Address)(Date) èttqtneer\ LrN5C0il LAW & Gnrr¡¡spn¡r EXHIBIT Ë LI'ISCOTT, T.AIV & GREEI{SPAI{, EI{GINEERS FEE ESTIIIIAÎÊ 2(}()8 FEE SCHEOULE JOB tO. P2,t7.0208.1 JoB DescRtP tloN : Rllcr *1rcùr ot::þl!t!1jr8lllla!!ÉI!"o TITf ,I Bt{.l,rNc R^',r$9 -to-fÂL üoltes cosf PeR I I tf.1-. 5nn¡:i¡¡l Fnqrnr:r:¡q2s2 :l 2 "t .t '){4 l7 {8 T¡llll¡ lcn¡dr fF-SI?Iì ¡i I I R l0 1)'lf t1,444 IËI $t t4 4 ló 10 ì0 l1 ¡t8 J:Ì t4ó E,\ Jl st ¡1 ')l¡l 2 Í).,14 ,¿14: A;dc l c5J z 2 l2 l6 t6 n?I 4.¡l{}t¡t J{l 7Z -t4 ro'rÂL cû97 D tf.JÁo s5.ltJ?s t.t ¿2 sr.928 t3.¡4,r s4,ril2 s8,808 s7,l lr) RATF,/ cosT PTR iloÊM H s sl 79.0{t fi ots DAYS , ô¡' HO{J RS MARK. ¡{Al{E # of Loc^l toñs # oË Pt;RsoNN¡L MISC I vtsc 2 IJNTT UP cosr iubconsullôrl A ìLh(:rtnsui{ril1 B AN,l and f ¡l +140 0¡, ^M,nd PM P.¡k l¡¡r¡,rd lnkìr(,rrli)n {'or¡nrc ó 4 t40 {5 t6tì no 10 I l {ltì ûô,i li6.000 a,%r6 )r)0.00 fl r6t¡.00 TI ,{f, BI)DGE'I'J67.045.00 Trikçi I Projccl Mobilir¡tror .l D¡t¿ Collcctiun rnri Rcsu¡roh I 'früllìc Count Program & lìaÍfic Modcling supfort 4 l rip Ceneral¡on. Dislnbülion ånd ^ssigrlûtc¡{ ^o3ltsis; I'r)jcd Ë!aluâtion ¡nd Mrtìgalro¡ lleacurc At¿lysis 5 Qucuing An¡lysis 7 !-0i¡ Shôrc ^¡alysisR Slls A{iress rnd tnlcmal Circuíaiion Evalualion I Pôrking Ànùlysis I lr {\t.Biburhm¡l l'¿rx¡ng lntru\r,rn,\n¿lY\ii I I Prcpâralioil olScreen.hcck anrl D.alì'Irâllìc RcpoÍ l2 Mcetìrg Suppod I r!\i 0t r Fee ScneÐuLE enqtneers Llttsc0rl LAW & GR¡EHsp¡rH Effbctive November l, 2008 TITLE Associate Principal Engtneer Planning/Design Manager. Transpo rtøtio n E n gin eers Senior Transportation Engineer... .............................$ Transportation Engineer III ...$ Transportation Engineer II Transportation Enginccr I....$ $ $ 252.00 216.00 201.û0 178.00 158.00 133.00 114,00 PER HoaR r s8.00 r33.00 114.00 102.00 i 13.00 109.00 108.00 85.00 Engineea & Phnners Traffic Transpoñation Parking Linscott law & ûreenspan, Êngineerc 2 Executive Circle Suite 250 lrvine, CA 92614 ll¡19.825,6115 t 9a9.t25.61B ¡ www.llgengineers.com Pa¡adena lrvine San Diego Woodlaod Hills Philip M Lrnscoll, PEiln{.r0(4r Jack M Gr€ensFan, PErlÌer, WrlÌanl A Là[ PË tRer i ParrlW W¡lkinson, PE Jôhn P Keal¡n0. P[ O¿vid S Shender. PE John A Eoarman, PE Clare M lor¡t-Jaeqor, PE Bichard Ë. Earretlo, PE Kerl 0. Mabe¡rv. PE Transportation Planners Senior Transportation PIanner............ Transportation Planner III Transportation Planner II. Technical Support Engineering Associate II Engineering Associate I. .$ ..$ ..$ ..$ Engineering Computer Analyst II..,.....,,......., Engineering Computer Analyst I ........,.......... ..$ ..$ ..$ Senior CADD Drafter C^DD Drafter IIi...... Senior Engineering Technician ...$ Word Processor/Secretary Engineering Aide I .......... $ .s .$ r09,00 102.00 90.00 77.00 r09.00 102.00 77.04 72.00 55.00 PublicHcaringandlitigationsupportmaybechargedatl2SVoofthebaserate. Consultationinconnectionwith litígation and Court appearances will be quoted separately. Project-related mileage wili be billed at the prevailing standard milcagc ratc as dctermincd by the IRS. Subcontractors and other project-related expenses will be bitled at cost plus I 5%0. Theabovcschsduleisforstraighttime. Overtimcwill bechargedat l.50timesthe standardhourlyrates. Interim and/or monthly statements will be presented for completed work. These will be due and payable upon presentation unless prior affangements are made. A finance charge of l.5Vo may be charged each month on the unpaid balance. ¡r .r;¿lil8 airirt r¿ iL,, ¡rri r3d4 Years c¡f Expertence I i ¡r:iìí Ycars lvrth LLG Engirteers: ì r yllilt:, i,l 1,. rt' rj,Vrl Erì0rtrtUrrtril i tr tJì,/{)¡.ìll}1 .ll 4rr,i{.t t.r Reglstratrort. I ì, rtle:;it:;¡ri:l !'tr;,tri,,l, l¿l Àlilt:;l¡,rttor, iF i'"¡rl(: Prcfessional füembersh tÞ: I'l:;lrlr;t',,Jf l,¡til:;l;: ¡l,rltur,r'.,iti f ;i,'íl{,, ¡\rlrl'r'(i:llì .:l)ll(:li1 rì r "l'rr¡ i'¡¡1 r¡¡.'1r¡¡ L r ru s c oTT LAW & GnTENSPAN engtileers Ecucation t ì,,.1, . '.t .ì. 1r,,¡, ,r\rrtrt¡il.rrtr iilirt Biography Zawwar Saiyed ìs a licensed Traffic Engineer ìn the state of California. He earned his Masters of Science in Civil Engineering from the University of Arizona, Tucson and has over l-5 years of experience working on traffic engineering projects throughout the Southern California region. Mr. Saiyed has extensive experience in the preparation of traffic ímpact studies for a variety of land uses, site access and operational plans, parking studies, parking management plans, and experienced in utilizing Highway Capacity Software, TRAFFIX, Vistro and Synchro. Areas of Expertise - Tralfic lmpact Analysis RePorts - Transportation Planning and Site Design Consultation - Mixed-Use Parking Demand Studies - Sight Distance Analyses - Traffic and Parking Field Studies Trip Generation Studies Regional and lvlultimodal Transpo(ation Plans ïransit Planning Travel Demand Forecasting I Modeling and Simulation Project Experience Alberhitt Villoges Specífic Plan - Project Engineer for the Traffic lmpact Analysis Report for the Alberhill Villages Specific Plan located ¡n the City of Lake Elsinore, California. The Alberhill Villages Specific Plan area is generally located along the south side of the l-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 1",600 students, a university for 6,000 students, 1-,671",000 SF of commercial use, ând 836,000 SF of office use, The traffic study evaluated the proposed 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. Harvey Mudd College, Claremont McKenna College, Pomona College, Claremont Gradudte University, and the Claremont University Consortium - Project Engineer for the Traffic lmpact 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, Californìa. Prepared Traffic lnìpact 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 EIR consultants during the preparation of the Traffic Studies' AMENDMEN'T NO. I TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN .THE CITY OF SAN JUAN CAPISTRANO ANI) PLACEWORKS l. Parties anel Date. 'f'his,Amenilment No. I to the Profèssional Services Agreement is made and entered into as nlot'this j;!- day olApril,20l8, by and betrveen the City of San Juan Capistrano, a municipal organization organized under the laws of the State c¡f Calilomia with its principal place of btlsiness at 32400 Paseo Acielanto, San Juan Capistrano, Califomia 92675 1"City") and Placeworks, a Califbrnia Corporation with its principal place of husiness at 3 MacArther Place, Suite 1100, Santa Ana, CA 927A7 ("C)onsultant"). City and C-'onsultant are sometimes individually retèrred to as "Party" ancl collectively as'oPartiss." 2. Recitals. Z.l Consultanr. The City and Consultant have entered into ¿rn agreement entitled lrrolèssional Services Agreement dated November 7, 2Al7 ("Agreement") lbr the purpose ol retaining the services of Consultant to provide preparation of an Initial Study (lS) and subsequent environmental cloct¡ment. as required by the initial study, fbr the l{iver Street, San Jr.ran Capistrano project. Z.Z Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope ol services and increase the not-to-exceed compensation amount. 2.3 Amendment Authority. This Amendment No. I is authorized pursuant to Section 3 of the Agreement. 3. Terms. 3.1 Amendment. Section I and 3 ol'the Agreement are hereby amended in its entirety to read as f'ollows: L Scrvlccs. Consultant shall provide the City r.vith the serviçes described in the Scope of Sen'ices attached hereto as Exhibit "A." ól l"l7 02 I Û{}\2446445 I I Page I of3 ATTACHMENT 3 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. ln no event shall the total amount paid ftrr services rendered by Consultant under this Agreement exceed the sum of $184,232. This amount is to cover all printing and related costs, and the City will not pay any additional fèes for prinling expenses. Periodic payments shall be ma<Je 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 Agreem.ent. 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. l. From and after the date of this Amendment No. l, 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 stipulatc and agree that they have each received adequate and independent consideration f'or the performance of the obligations they have undertaken pursuant to this Amendment No. I ' 3.4 Severability. If any portion of this Amendment No. I is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. ISignatures on Next Pagel 6t t47 .02100\2446115 l .I Page 2 of3 Be Da SICNATURE PAGE FOR AMENDMENT NO. I TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PLACEWORKS CITY OF SAN JUAN CAPISTRANO PLACE WORKS ?z,l Hl¿ata ple Name t€ø¿+# fkt¿at frtî* Title ity Clerk Date Approved As Io Form: r 6 l r47 02 I 00\244ó445 l. I Page 3 of3 EXHIBIT A SERVICE AUTHORIZATION AMENDMENT NO. L PROJECT NO.March 22, 2018 PROJECT NAME River Street MarketPlace AGREEMENT BETWEEN: CLIENT PlaceWorks STREET ADDRESS 3 MacArthur Place, Suite 1100 CITY STATE AND ZIP Santa Ana, CA 92707 CONTACT Nicole Morse Hereinafter referred to as "Client."Hereinafter referred to as "Consultant." This Amendment No. 1to 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") wìth the Client, entered into on NovemberT ,?O:17 toprovideServices,asdefinedtherein,andtonowamendtheExistingAgreement Exceptasspecificallyamendedby this document, all other terrns and conditions of the Existing Agreement will remain in fullforce 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 S15,993 is authorized in accordance with the scope of work provided ¡n Attachment A' Tasks New Contract Amount TASK 3. MEETINGS AND PUBLIC HEARINGS 9,1 85 TASK 4. I VISUAI-AESTHETIC SUMULATION ANALYSIS $13,18s TASK 4.3 NOISE s 9,064 TASK 4.5 CULTURAL RESOURCES E)5 22,014 TOTAL 5184,232 TASK $000 IASK 0.00 DATEsJc-11. CONSULTANTCity of San Juan CaPistrano STREET ADDRESS32400 Paseo Adelanto CITY STATE AND ZIPSan Juan Capistrano, CA 92675 CONTACTDavid Contreras Amount of this Amendment Prev¡ous Contract Amount 1.5357,650 1,53011,655 1,2247,840 $ 1 1,704$ 10,310 $1s,993$1 68,239 $ o.oo$ooo $ 0.00s000 1 CONSULTANT CONSULTANT PlaceWorks STREET ADDRESS 3 MacArthur Place, Suite L100 CITY STATE AND ZIP Santa Ana, CA 92707 AUTHORIZED REPRESENTATIVE Assoc¡ate PrincipalTITLENicole Morse, Esq. PlaceWork's Authorized Representative CLIENT: CLIENT City of 5an Juan CaPistrano STREËT ADDRESS 32400 Paseo Adelanto CITY STATE AND ZIP San Juan Capistrano, CA 92675 AU'THORIZED REPRESENTATIVE Date Senior PlannerTITLEDavid Contreras Client's Authorized Representative Date 2 Scope of Work EXHIBIT B costLlTask PlaceWorks will atlend seven 1-hour teâm meetlngs to di scu ss $ l,s3s l: Meetings and Public Hearings 4.1 : Visüal-Aesthetic Simulation Analysis 4.3: Noise 4.5: Cultural Resources (Coqstone) prOlêct Slâtus. PlaceWorks will update the view s¡mulations Pl¿ceWorks wiìl update the cumulatlve operalions modeling and - tables to reflect the add¡tional relâted projects that were added to , the traffic analysis. Segment volumes will be provided by LLG' i Task Management and Communication-Th¡s task includes Project manàgement and communication by Cogslone's Proiect.manager with PlaceWorks. Cogstone will attend a maximum ol 3 ìn-person meelings. Pre.field Coordination-Cogstone's key staff will conduct research ' and prepare a work plan letter describing the methods to be used : ând a map showing the suggested location of the excavatrons for the City's aPProval. Field Work-Cogstone w¡ll provide a crew of two to conduct the XPI study to deiermine the presence or abscnce of archaeologrcal materiali within the Project Area thât is wìthin and adjacent to the historic archaeologìcal refuse srte The XPI will include up to 10 SIPS with a 1.5 feet dìameter excâvated to a depth of 2 sterile levels. All soìls will be screened through 1/4 tnch wire mesh A Nat¡ve American monitor will bc present during the lesting lf rntact subsurface deposits are identrfied durinq the XPI testrng, the Cily may require addilional work such as a Phase ll datà recovery prógram, which is outside of this scope of work lsolated artifacts can be recovered and documented wìthin this scope All the arch¿eological collections will have proventence control . (vertical and horizontal). Horizontal control shall be relerenced from the site datum permanently set ¡ntÔ the ground ¿nd secondary relerence points as appropriate All material recovered in the field will be analyzed on site and returned to the location f rom which it came Temporally diagnostic arlifåcts will be collected, cataloged, and retained until all, il any, further archaeological work is completed and catâloged. lt is assumed that no mole than 20 temporally diagnostic art¡facts will be collected. Curation costs àre not' included with this sccPe. XPI Report & DPR 523 Site Forms-Cogstone's key stafl will prepare a draft XPI reporl and DPR 523 stte forms The report will summarize the results of the testing and the integrity of any identif ied deposit. Cogstone will respond to cne round of comments and produce the final report. lf lntact cultural deposits are identif ied, addilional work may be necessary and is not part of this proposal, No addit¡onal work would be conducted without advance approval. 1,530 1,224 11 .704 $ CONTRACT AMENDMENTTOTAL ORIGI NAL CONTRACÍ TOTAL NEW CONTRACTTOTAL 1. 2 percent of Placeworks Labor for Off¡ce Expenses 2. lncludes a 10 Percent mark-uP. AMENDMENT NO" I TO TTIN PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO ANI) LG2WB ENGINEERS' INC. t. Parties and Da.te. 'fhis Amendment No. I to the Prot'essional Servic:es Agreement is made and entered into as of this tJJ.tday of April, 2018, by and between the City of San Jr"ran Capistrano, a municipal ;;g;ir"lffi;rganized rintler rhe laws olthe Stare of calitìrmia with its principal place of business atiz+oo paseo Adelanto, San Juan Capistrano, Califbrnia 926751"City") and LG2WB fingineers, Inc., a California Corporaiion, dba Linscott" Law & Greenspan, llngineers, with its principal place of business at 2 l.]xecutive Circle, Suite 250, Irvine, C'A 9261't ("Consultant"). C.ity ancl C.onsultant are sometimes intlividually refèrred to as "Party" and collectively as "Parties." 2. Recitals. Z.l Çonsultant. 'fhe City and Consultant have entered inlo an agreement entitled prof'essional Servicãs Tgreement dátecl November 7, \al7 ("Agreement") fbr the purpose of reraining thc services of Consultant to provide Preparation of a Tratfrc Impact Analysis (TIA) tbr the River Street, San Juan Capistrano project. 2.2 Amendment Pyrpose. T'he City ancl Consultanl desire to amend the Agreement to revise the scope of services ancl insrease the not-to-exceed compensation amount' 2.3 Amendmcnt Authority. 'fhis Amenclment No. I is authorized pursuant to Section 3 of the Agreement' 3. Terms. 3.1 Ame.nclment. Section I and 3 of the Agreement are hereby amended in its entirety to read as flollows: l. Services. Consultant shall provicle the City with the services described in the Scope of Services attached hereto as Exhibit "A"' 6r t.l7 ()2lt)0\2"14ó4451 I Page I ol3 ATTACHMENT 4 2. Compensation, a. Subject to paragraph 2(b) below, the City shall pay tbr such services in accórdance with the Schedule of Charges set forth in Exhibit "B." b. In no event shall the total amount paid for services rendered by Cìonsultant under this Agreement exceed the sum of $92,856. This amount is to cover all printing and relatcd costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of ,...ipt of ãn 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 Eflect of Aereement. Bxccpt as amended by this Amendment No. l, all other provisions of the Agreement remain in furll force and eft'ect and shall govern the actions of the parties undcr this Amendment No. L From and atler the date of this Amendment No. l, whenever ih. t".-..Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1, 3.3 Adequate Consideration. The Parties hereto incvocably stipulate and agree that they have each received adequate and independent consideralion for the pertbrmance of the obligations they have undertaken pursuant to this Amendment No' I ' 3.4 Severability. If any portion of this Amendment No. I is declared invalid, illegal, or otherwise unenforceablc by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. [Signatures on Next Pagel 6 I t47.021 00\2446445 I I Page 2 of3 SIGNATURB PAGE FOR AMENDMBNT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BË,'TIVEEN THE CITY OF SAN JUAN CAPISTRANO AND LG2WB ENGINEERS, INC. A CALIFORNIA CORPORATION' DBA LINSCOTT, T,A\ry & GREENSPAN, ENGINEERS CITY OF SAN JUAN CAPISTRANO LG2WB ENGINEERS, INC. A CALIFORNIA CORPORATION, DBA LINSCOTT, LAW & GREENSPAN' ENGINEERS Approved Benj Signature Date Richard Barretto. P.E. Affesfed {1u Name Maria Mo Clerk As Io Form. City A Title fiilarch 27.?n 1R Date 6t t47.02100'¿44ô4451 t Page 3 of'3 EXHIBIT A Mr. David Clontreras February 7,2018 Pagc 3 Client Project Mr. David Contreras Developmeut Services Department City of San Jttan C'aPistrancr 32400 Paseo Adelarrto San .luan Capistrano, C A 9267 5 River Street DeveloPment San Juati Capistrano. California LLG Refèrence: 2.17.3910' I ADDITIONAL }YORK: englneers LI NSCOTT LAW & Gneg¡¡sp¡l¡ Ll Task l:Defìnins Pro l)escriotion and Proiect Tri n Generation It I()ns providecl support tç Pro.iect team ancl City staf f'tct help defìne Project <lescription" which included type of land usc, land use splits and square-f-ootages. fJased on rnultiple revisions to the Pro.iect l)escription. the Proiect trip gerreration was reviscd accorclingly. A total of seven (7) revision iteratiotls were made to the project trip gene-ration. inclusive ol'revisions to pass-by reductions and internal capture reductions calcr'rlations. Assign the revised fbrecasted Daily, Alvl and PM peak hour trips expcctcd to be generated by the proposed Project to the study intersections and roadwa¡" segments based on existing ancl anticipatecl traflic patterns to and from the Project site, as well as the trafTc model select zone model runs fbr the Project' ., r.3 2.1 2.2 S2 Receiveil and wenr through tlrree (3) updates to the Cumtrlative Pro.iects list sent by rhe City. inclusive of'two (2) revisions to the Cumulative Pro.iects list dated December 2017 anrl a t-inal upclated list dated January 2018' LJpdated Cumulative Projects trip generation and trip distribution based on the revisions to the Cumtrlative Pro.iects lists provided by the City' Distribute and assign the revised Daily. AM and Plvl peak hour cumulativc projects traf fìc tc) the study i¡tersections a¡d roaclwity segments' 2.3 '. i .., ( i i. \'r. !r'r.i ' I Mr, David Colltreras Februar-n- 7" 2018 Page 4 t. l.l 3.2 toF J'ra s/L on wt Based on the tasks outlined above. revised the tbrecasted traffic volumes/LOS for the analysis scetrarios listed below are: t. Existing With Project 'fraffic Conclitions' 2. Existing with Anrbient (jrowth \\'ith Pro.icct Tratfic conditions, 3, Iìxisting With Ambient Crovi'th With Plcr.iect With CLrmulative Pro.iects Tratfìc Cìond itions, 4. [.ong-1'ernr Without Proiect TrafTìc Conditions. ancl 5. Long -Terrn With Project T'ratfic Clonditions' Coordi¡ated extensively with I-SA viaconfbrcttcc calls and email to verify and rror.rbleshoot the traffic vcrlumes ancl LOS resttlts of the Farrn Specific Plan projcct and tlre River Street Development project to nlake sure thc results are consislent. 'l'his included tloubleshootirrg levels of'service (t,OS) calculations lor Intersection Capacity Utilization (lCU) methodology. Highway Cìapacity Manual (llCM) nrethoclology and Daily V/C Ratio methodology' 'lask 4: saturda.v and sundav Proiect l'rip ceneration F()recast ¿l.l As rcquested by the Project Applicant. the trip genetation f'or the proposed Project was t'orecasted for Weekday Saturday and Weekday Sunday trafTìc conditions rrsing rates iclentifìed in the T'rip (ienerolion, l(hh Eclition. Instilttte o.l' TronsporÍetlion Engineers ( ITE), ll/a'shingtrtn, D'('' (20 I 7): 4.2 ln con¡uncrion with Ttrk 1,/. upclatecl the Plo.iect trip generation t¿rlrle to include the Wcckclay Saturclay ancJ Weekday Sunclav tlip generation forecast. srs at I-5 5,1 Consistent with the rec¡uirements anclproceclures outlined in the ctlrrent Orctnge Connt,v ('ong,eslion ltlunug,enrent Program (Cir1P), a CIM[' analysis was conducted fbr the key rtlacl'uvay segment on Ortega t'{ighway bctwecn the l-5 Northbouncl Rarnps ancl l-5 Southbound Ramps in order to determine if the percentage of Proiect trips wogld exceed tþe "three percent" limit. rcha A Conducted a -'turn pocket'' queuing evalrtation for the l-5 Freeway Off-Rarnps at Ortc-ga llighway to cletermine the niinimum required stackirrg/storage lengths lor all off'-ramp lanes lìrr l".xistirrg Plus Project Pltrs Ctrmulative (Year 2020) Traflrc Conditions and Gcneral Plarr Brrildout Trafilc Conditions. F' 2 englneers LI NSCOTT LAW & Gnr¡usPtn 6.1 I1.": . \,...¡iì.' Mr. David Contreras Fcbruar-v 7, 2018 Page 5 l-ask 7:Proiect Const tion'l'raffic nalr, sis 7.1.Coordinated with the Project Applicant to obtain the arrticipated construction activities lor the proposecl Project. inclusive ol' ilenrolition/site preparation, gracling/trenching. building construction. and asphalt pavingiarchitectural coatirlgs activities. Developed Project Constnrction -l'raflfìc Ceneration based on the anticipated construction activities provided by the Pro.iect Applicant' Determined whether the Project cclnstruction-related tralfic will have any sign i tìcant trafÏc imPacts. 7.2 7.3 Tas,k 8: Railroad Assesstnent 8.1 Concluctecl fielcl observ¿rtions of the existing operating conclitions at the tìighrvay-Rail (ìrade Crossing located between the intersections ol Camino Capistrano and Paseo Adelanto during the AM Peak I loLrr (7:00 AM - 9:00 AM) and PM f'eak F{our (4:00 PM - 6:00 PM) during a "typical'" weekday. g.2 Revierved ancl researched the Review of Intçrcontrccted l-lighway-Rail Grade crossing Report prepared by cTC, Inc. clated october 13, 2015 fbr recommendations and conclusions to incorporate into thc TIA report. FEE ESTIMATE Current Contract Authorization: Contract Amendment No. I Budget Recluest: Adj usted Colrtract Amount: $ 67,045.00 $ 6.686.00 s 73,731.00 tjpon return of'a tully exc'cutecl authorization. this seryice fèe and condition shallbecolne a part of'the Contract Agreentent clated August24.20l7. except as amended herein' engìneers LI NSCOTT Lrw & G*genspnn 3 I ¡a5t ot I LÂW & Gtt¡a\PANLINSCOIT, LAW & GREENSPAN, EN6INEERS FEË ESIIMATI .NOVEMBER 2OO8 FEE SCHEDULE .lOB t F:S('Rl l'IlO:'¡: Ri! Èr \t r trt l)rr clol¡rnrrtl. ).rrr 'l¡r:rtr ( ilpi1! r'rr¡¡r 07'¡eb-ItJ llutrKs I TOTAL HOt rRS COST PIR rITLÈillt_f TE J {5 6 ,1 I l0 ll s2tl $t l3 I l0 ftt $lì.1 lr l !\I .{l {} 0 l7 $0 $os5i r.{sK la ll Ì l!5 i5 :1 5 0 0 u t)52 !; I .il(i s l.l6lt f;1.ì r s $J()5 5ìll $6 14 s 76()S.tb.l li0 $tl 9{l $0 s6,6lt6 R.\',rli¡ ('osl'!ofI l ¡-l\1 \{il8 Dr-s('RtfrylcrN f ()l' t.(x'( tloNs I ()È PTRSON\EI, doF D,\YS r o¡? ltot ¡ls ilils( l ùfls('2 ('osT PIR u\l t ItÀRK. TLP COST ttt.*,1 P\'J Pe¡k P"ilod lùlersei¡ron Cùun(s 0o;o I'\,I PÈ¡K ûldrseclloil counts 'Ì;0 f¡0 tì $6.ó8ó.00 .l()B ìO. Ll-.J91{r'l' ( onrr¡(l I dsks: I Dcllnrnq Ph)tt(l Dcsctrph.rrl and Prtr('.1 [tlP (ìcntnìtlt)n ller¡lldils I llÈ\ rsr\)ir ¡r) ( unntlall!a lt(rJccts I r\l ì llù\rsro¡! lo l:o¡cc¡¡slcd 1r¿lìrç' \'r'lomts I \¡tr¡d¡r ¡¡d Srrnd¡\' Prolcal T¡¡p (ìener¡llo¡ forec¿sl i ( \1ì, \rt.rlv\N ¿t ()rtc8ð Ihghßirv Ntl\!ccn lhe l'5 lì¿rnps ri l-i f rrcw¡r arì(l ( )rlc{r I lrcl!\\¿\ l:llcr(h¡rlSc {.)uclcrng Alrül\sl5 ? R¡rl()dd .1ssc$sDrent 8 lij I ll 4 englneers LI NSCOTT LAW & G nruHsp¡cN Eftèctive November l, 2008 Ttrtr Principals Principal Engineer.....'..:.'.'..'.. Associate Plincipal E ngineer" Planni rrg/Design Manager ..'... Trø nsp o rtat io n E n g in ee rs Senior Transportation Engineer.,...,. Transportation E.ngineer I ll'.."."'.'.' Transportation Engineer 11 ".......'.." Transporlation Engineer 1.........'..'..' Tra n sporlutÌo n Pla nn ers Senior'l'ransportation Plantrer Transpoftation Planner lll '."' Transportation Planner I 1 ",...' Transportation Planner I..'.'..' Technical SuPPorl Engineering Associate ll .-... ......'.' E,ngineering Associate 1..'.'.'.'.....'.' Engineering Computer Analyst Il'. Engineering Computer Analyst l'.. Senior CADD Drafìer........'- CADD Drafter 111 ............'... CADD Drafter ll ......'.......'.. CADD Drafter 1.........."....'. Sen ior E,ngineering Technician Engineering Technician II'..". " Engineering Technician I "'."'.. Word Processor/SecretarY Engineering Aide I ...'...... .$ .$ .$ .$ .$ .$ .$ PER HOUR Engineers & Planners -Íratfic Tr ansportation Par king Linscon. law & Greenspan, Engineers 2 Exscutive 0i¡cle Su¡te 250 lrvrnc. CA 926 I 4 949.825.61 75 t 919.825:6173 | ruww.llgengtnoers.cont Pasade¡n I rvin e San 0iego Woorlland Hills Pl,iliíi M Lìrrsrolt, Pt i!l{:È('' Jack M Gre*nspan. PÊ:r.: ' 'r¡r¡¡¿r, ¡ ¡'¡ry PI r,r P¿ur W \!rlk'osoo. P€ Júhn P (€llrnq. PE. lavrrl S. ShenCcr. PE Jrh¡ A Eoatoan. ÞE llrre ¡¡ Look Jírcqêt Pt qDhrrd E Eorrrtto, P[ (erl 0. i\,1ah¿r¡y, PE 252.04 2 t6.00 20 r.00 t78.00 158.00 r 31.00 I 14.00 .$ .$ .$ .s .$ ,$ .s .$ t58.00 133.00 r r4.00 102.00 I r3.00 t09.00 108.00 8s.00 t 09.00 t02.00 90.00 77.00 ....s ....s .S ',S ..s ..s ,.$ ,.s .,$ r09.00 102.00 77,00 72.00 5 5.00 public t{earing and litigation suppon ma) be chargccl at I 25% ol'the base rate. Consultation in connection wirh litigation and Coun appearances will be quoted separalcly' project-related nrileage w.ill be billed at thc prevailing standard nrilcage rate as dctcrmined by the lRS. Subcontractorsandotherproject-relatedcKpensesrvillbebilledatcostplus l5%o. Theabovescheduleisf'orstraighttinre, Ovenimewill bechargedatl.50timesthestandardhourlyrates' lnterirn andlor monthly statcn;nts rvill be presenred fìrr cornpleted work. 'lhese rvill be <iue and payablc upon presenlation unless prior arrangements are Ina,le. A tinance charge ol l 50ó may be charged each month on thc unpaid balance. 5 Å. :;ïB a.' .a ,! !r{.ril:Ë :{r'-' Mr. Davicl Contrel'as March 14. 201 I Page 3 Client:Mr. David Contreras l)evelopment Serv ices Dcpartment City of San Juan CaPistrancr 32400 Paseo Adelanto San .luarr Capistrano. CA 92675 LLG Retèrence: 2.17.3910.1 Prcrject River Street DeveloPment San Juan Capistrano. Calit'ornia ADDTTIONAL WORK: Task l: Attendance at Mec'tings Ll 't6is proposal ¿rssumes preparation lcrr anc"l attenclance by t.l.C at up to seven (7) projecr rearrr/City' srafT mectings. This proposal allocates two-and-half (2'5) hours of preparation and participation by the Príncipal Ìlngirreer at each of these rneetings. FEE BSTIMATB Cìurrent Clontract Authorization : Contract Amendment No. I Budget Request: s 67.045.00 $ 6.686,00 $ 4.567.00 $ 78,298.00 Cont Amendment No.2 Budset uest: Adj usted Contract Amount Upon retum tlf a fìrlly exesuted authorization. this service fèe and corrdition shall become a part of'the Contract Agreement clated August 24.2017. except as amended herein' engíneers L rr'r scoTT LAtì, & GRg¡usPltt 6 tì. ! .. i ,: ., i.,-1 | | LINSCOTÍ, LAW & GREENSPAN, ENGINEERS FEE ESTIMATE . NOVEMBËR 1,2008 FIE SCHEDUTE .toB ro.ll.-l9lt,.l . ( ontr.i(l .lOtìl)t-S(RllvtlO\: |tircrsrrrtll)rveltt)trt'rrl.\.ril'¡urrt(¡p¡\lr¿rtr¡l I 5-!lar-ld il.t t-u tìll,t.t\( RATE ,J ó l0 il l2 TO'TAL Itot Rs (]oST PER l rrt_¡l l3 \Jlt0 It sì7i 0 $o It I {tì-l 0 $0 l-\[[il ì 0 $o \rJe I $5i 0 $0 l7 5 i)0 ti 0 rj ()(,0 0 0 0 tr I ()1 Ar. ('OS r $4ft0 g0 ${)$(r l;()9r)s0 1i0 5o sù SO !io sJ,4t 0 Il'¡:ü R,\1'fi (-osT r oF vtt-[s C I)F I \ITS c()s t P¡;R ITËM \!trr Rer¡nhùrscnrcnl t0 515 :.. r I $rt?0c st 5r.ou \r\vl¡.D[:S(ìRlI{lO\r ol L(J( ..\1¡(hs I ()f PËRSONìEL r or DtÌs s(lr H()t. RS lutsc I \rts( ? ( OST PTN t:\t-r lllAlüt, trP ('o51 iul)consilltonl,\ iubcr'nsult¡nt Il nt!'rsct¡ton c ff/o \lr 00 '\', I'ènli Peilod lùtersedtr(ìrt ( ì)unls ty/.,s{) {)t) 0o.¡$0 fto I r¡lIr \lorlchrr{0qô $0 (xi $0,00 $.t,s67.00 Trs ks; I \flend¿nc(' rl \lcctttrgs x rú Ìl :l I rNS( Olt l,^w & GR¡t(rPA¡ 7 eng¡neets LINSCOTT L¡W & G Rerusplr Elfective November l, 2008 TITLE Principals Principal Engineer..'-'...:...... "".... Associate Principal Engineer....'.. Planning/Design Manager.',.'....,. Tra n spo rtulio n E n g i n ee rs Senior TransPortation Engineer Transportation Engineer I ll ...... Transportation Engineer ll .."'.. Transportation Engineer I T ra n spo rta t io n Pla n n ers Senior TransPortation Planner Transportation Planner lll Trarrsportation Planner Il' Trarrsportation Planner l -. Technical SupPort Engineering Associate I 1 "...'."'... Engineering Associate I..'.'.'....'." Engineering CornPuter AnalYst Il E,ngineering ComPuter AnalYst I Senior CA DD Drafter..'.,. CADD Drafter Ill ......".". CADD Drafter ll ....'...'..'. CADD Drafler I........."..' Sen ior Engineering Technician Engineering Techrrician l l ..'. "...'...'.'.'.. Engineering Technician I ..'.....'.........,.. Word Processor/SecretarY Engineering Aide I .'....'... .s ............,,.............$ . .........................$ ....$ PER HOUR 252.00 2 16.00 201 .00 r78.00 158.00 r 33.00 114.00 r 58.00 r33.00 I14.00 102.00 Engineors & Planneæ Trallic 1 a nspottation Parkinq Linscon, [aw & Greenspan, Êngineers 2 Êxrcutive ti¡cle Surte 750 lrvine, CA 92614 f149.825.6175 t S49825.6173 t ttmry.llg e ng,ne ers. co nl Pasadena I rvr ¡re San Diego Woûdlånd Hills ...b ...$ ...s $ $ r r3.00 r 09.00 108.00 85.00 t09.00 102.00 71.00 ..$ ..$ ..$ $ r 09.00 t02,00 90.00 77.04 ..s ,.s s s $ 72.00 55.00 Public Flearingand litigation supporl mty be chargecl at l25oáof the base rate Consultation in conn litigation and Court appearances rvill be quoted separatel¡" ection wrth Phiip M l-irÌ$[ot1. Pt,r?.'r ?l(1:, Jrck ¡"4 Greèils0ro. PÊ'¡d' iirhðilrA Law.P€ 4d P¿u; \^J. !Yrl{ nsÐo. Pt Jchn P (Ealrng. PE ]a..rd S Shenrier. Pt Jchrr A Eoarntan. PF ;l¡fc ¡,4 look Jac0er. PE qi{jl,rrd E 8ðrrrttJ. Pl (¿rl 0. i.{aberry. PE pro.icct-relate¿ rnileage rvill be billed at the prcvailing standard rnileagc rate as deterïrlined by the IRS' SuÙcontractors ancl Jhe. pruiect-related ùxpenscs rvill be billed at cost plus I 5olo. l-he above schedule is tbr straight time. Overtime rvill be charged at 1.50 times the standard hourly rates' Interim and/or monthly statem;nts u,ill be presented lìrr compleled work. 'l'hcse will be due and payable upon presentalion u,rless pr.io, arr¡ugelrents are made. A fìnance chargc oi' l 5olo may be charged each month i¡n the unpaicl balance. 8 A, .f;:*1-\ i. ' ,, 'rr¡¡ú;l liù Mr. David Contreras March 22. 20ltt Page 3 Client Mr. David Contreras Delelopment Services Department City ol San Juan Capistrancr 32400 Paseo Adelanto San Juan Capistrano, CA92675 LLG Ref-erence: 2. I 7.3910.1 Project:River Sfreet Development San Juan Clapistrano, Calitbrnia ADDITIONAL II/ORK: Task l: Pro.iect Coordination Ll C¡orclinate with City,stafiand Project team to obtain ancl cliscuss the updated cumu lative pro.iects list. Task 2: Tr ip Generatioll. Distriburt ion ancl Assiglrmcn t Analvsis 2.1 Develop estimated trip generation projections fbr the additional cumulative pro.jects within the Pro.iect study area and as provided City of San Juan Capistrano. Distribr.rte ancl assign cumulative project traflìc. 'l'hc additional related projects to be included in the cumulative trafÏc assessment. based on updated írtf'ormation proviclcd by the City on March 14.2018, includc the fbllow ing: I Ganalrl Lumber - located north of Stonehill f)rive at San Juan Creek tr l)owntown Playhouse Redevelopment - 31776 El Camino Real. southeast corner of Ortega l'lighway and El Camino Real o Mission Grill Redevelopment -31771 Camino Capistrano 2.2 2.3 tJpdate the "existíng plirs pro.iect plus cumulative (near-terrn)" tralììc volumc pro_iections for up to nine 1t)) key stu<jy intersections ancl eight (8) roadway segments based on added cumulative projects. Update the "existing plus pro-iect plus buildotrt (long-term)" traffic volume projections fbr up to nine (9) kc-y study intersect¡ons and eight (8) roadway segments basecl c¡n aclded cunrulative projects. I engÍneers LI NScOTT Lnw & GRrEnsp¡tt 3.1 3.2 Mr. David Cotrtreras lvlarch 22. 2018 Page 4 T.ask 3:Proiect Eval on and Miti iorr Measure rra lvsis tjpdate the AM and PM peak hour Level of Scrvice (LOS) calculations at up to nine (9) key. intersections lor the l'ollowing tralfic conditions with the addition of ad<Jecl cumulative projccts. l'he LOS calculations tbr key signalized intersectit'rtts within the City ol' San .luan Capistrano will lre calculated using the Intersec'tiott C'ctpctcily Lltilization (lC'U) method arrd the Highv,ctv Cctpuciy' lvlantnl (H(.'M)method based on the City's minitnum "D" level-ot'-service pcr the (lcncral Plan Growth Management Elernent' The -frafÏc Impact Scenarios are listed below: L Exisring Plus Prt¡lect Plus cUmul¿rtive Traflìc conditions, 2, Scenario (l) With lmprovements: ilnecessary. 3. Existing Ptus Project Plus Buildout Traffic conditions. arrd 4. Scenario (3) With lmprovements; if necessary' Trat'fic sigrral cycte lengths and PI-lF used in any calculations shall be verified prior to intersection calculations being perfbrmed. tdb il M rncth HCM odolosv. but on c'lirection bv Cli tv Staff. the older cM 2010 methodolog)- is to be rrsed. Update the peak hour traffic impacts of the Project at the nine (9) key study intersections within the City of'San Juan Capistrano based on the City's minimum "[)" level-of'-service per thc General Plan Crowth Management Element. Evaluarion of potential Project traftìc impacts will be made relative tg existing trafTìc ct¡nditions ancl cumulativc traffìc conditions based on thc City of'San .luan Capistrano definition fbr signilìcan1 impact. J.-)Based on this assessmetlt. deterrnine which intcrsections (if'any) will require improvements to rnitigate the impacts due to thc proposed Project and achieve satisfactory Service l-evels and/or an acceptable level ol'insignit-icance (pre- Project traffic conditions). 'l'he recomnrended rnitigation measrlres may incli¡de intersection improvements ancl/or signalization improvements' striping moclifìcations, and the addition of auxiliary turning lanes' At key unsignalized intersections. concluct a tratfic signal wal'ratlt analysis. il necessary, gûgìneers Lrt¡scoTT LAW & G xeEHs pRn 10 Mr. David Cotrtreras March 22.2018 Page 5 3.4 Llprlate the the daily trafiìc inrpacts of tlre Project at up to eight (8) key study roadway segments based on the Cìity's nrinimutn "C" level-of-service per the Ceneral Plan Crowth Management Ilement with the atlded cumulative projects. Midblock link czrpacit,v- analyses will bc prcparccl for the following Traffìc I rnpact Sce¡rarios : L Existing Plus l'roject Plus Clumulative 1-rafTc Conditions' 2. Scenario ( I ) With lmprovetnentsl if necessary, 3. Existing Plus Pro.iect Plus Buildout Traflìc Conditions" ancl 4. Scenario (3) With Improvemeutsl if necessary. Evaluate potential daily Project traffrc impacts based on the City's mininlunr "C" link level-oÈservice per the Cerleral Plan Crowth Management E,lement. If the incrcrnent in daily tralTc is signilìcant. then cvaluate the study link on an AM and trM peak hour to deternrine if Project-related traffic and cumulative traffic have a sigrrifìcant impact otr a road'uvay segment's peak hour l,OS. l-inally, if the increr¡ent i¡r pcak hour trafïc is signitìcarlt, then evaluate the study link on an AM and PM peak hour basis using the HCM method to determine if Project-related traffic and cunrulative traffic have a signifìcant impact on a roaclway segment's peak hour t-OS' Task 4: Queuing Analy'sis 4,1 The updated Queuing analysis will be conducted at the fbllowing three (3) irrtersections using either Vistro software to determitre the turn pocket storage lengths necessary to accomrrodate near-term 95th percentile queues. Tlre analysis will be condttcted for AM and PM weekday peak hours: l. Del Obispo Street / Camino Capistrano 2, Dcl Obispo Street / Paseo A<lelanto 3. Del Obispt-r Street / Alipaz Street -[-ask 5: Fair-are Analvsis 5.1 Per City Council Policy I I I, update the Plo.iect's fäir-share analysis percentages to determine the Project's responsibility l'or constructing arrd/or fi nancing al l necessary m iti gatitln tneasures/improvements' engíneers Lr Nscotr LAW & GRr¡ruspnn 11 Mr. David Contreras lvlarch 22.2018 Page 6 'T'ask 6 : (lMP Analv sis at Orlesa Hir¡hwav be thc l-5 fìamos 6.1 Consistent with the requilenrents ancl procedures otrtlined in tlrc cLlrrent Orttng,e (tttmlT' C'rtngestittn Mtmugemenl Progt'am ¡CMP)' a updated CMP analyii, will conciucted for the key roadway segment on Ortega Highway betweetr the I-5 Northbound Ramps and I-5 Southbound Ramps in order to cletermine if the percentage ol Prtliect trips would exoeed the "three percent" limit. T¿rsk 7:l-5 Freewav ()rtef¡a Hi wav Intercha r¡c Oueueins na lvsis 7.1 Upclate the "turn pocket" queuing evaluation lor the l-5 Freeway Off-Ramps at Ortega tlighway tc¡ detc'rmine the minimunr required stacking/storage lengths fbr all ofl'-rarnp lanes fìrr llxistirrg Plus l)ro.iect I'lus Cumulative (Year Z0Z0) Trat1ìc Ctonditiorrs and General Plan Builclout Trafïic Clonditions' Task 8: Ljpdate of the'l'rafÏc lmpact Anal)'sis Report g.l Upclate the traffìc impact analysis repofi that details all of the above- mentiorred items. our analysis, fìndings and conclusions. The report will be suitably clocumentecl with tabular. graphic ancl appendix materials. 1'he reporl will be submitted lor yctrr revicw anci review by appropriate members oithe Project team atrd CitY Staff" g.2 Coordinate with Projcct tearn and Clity Staff regarding questions and comments ¡n thc tralfic impact analysis lepoñ, lf necessary, prepare a fìnal report incorporating reasonable comments and edits tiorn Project team and City Stafl. in both hard copy and digital l'ormats' 12 '.' engineers LI NSCOTT LAW & GRe¡rsPnn Mr. l)avid Cotrtreras March 22.2018 Page 7 FEE ESTIMATE Current Contract Attthtlrizaticln : Contract Ame ndment No. I Budget Request: Contract Amendment No. 2 Budget Request: Cont Adj usted Contract Amount : s 67,045.00 $ 6,686.00 s 4,567.00 s 14.s58.00 $ 92,856.00 Upon return of a fully executed authorization. this seruice fbe and condition shall become a pafi of the Clorrtract Agreernent dated AugusI24.20l7. except as amended herein. engîneers L t¡,¡scorr LAW & GRreNspnr,¡ ,,,_rtl !,..!r,r:., I,rì:. ., 13 ril.'. , LtN5(Of Ì L ^w I GRttN5FÂt i\().:.1'.J910.1 ( oiltr xLl \¡nar(lillt¡t d-ì LINSCOTT. LAW & GREENSPAN, ENGINEERS FEE ESTIMATE -NOVEMBER 1,2OO8 FËE SCHEDULE 7 I i frùcqrr ¡rkl Ortelâ fhqh$âr lnlerchdnsÈ Qucucrlrg "\n'rlvs¡s s I rlrd¡lc,il lìc I r¡tlìù lil\)¿cl '\n¡lv\¡ç Rrp(n1 .lOB Dl':S( RlPl lO\r Kirer \lr rol ll'rclrrprrr(nl r'ril ltrnrr ( xlr\lrilirr .IOB Ltrtb: I P()rcìl ('Ltrdrildlrorì I | ¡ rf (,cnt'riil¡()Ir l)rsll rlroltun irr¡(l \{sr*rrÛì(nl'\rill!\Ì\ I l)rotcrl I \ rlu¿lr(ìù ¡trJ \lltrq¿l (trr \lç¿sürr '\¡rll!srs I (Juer¡rnc.\n¡llsls i t,tr¡ \hr¡c \ililltsrs () C\tl' {rr3l!rrs dl Ottu3¡ I hgh\\i! bctwctn lhc l_5 Raûlps l(, ll ìl tlIrl75 iì t TÛTAt, HOt rRS COST PER 1 l It,[ RATC I ¡I IJ Serìrr, l f 'nr!-E Prrncrpal l-rrq¡ PI]R R l'tl:/ s0 5Ì)\iìi,Remhursente¡t s0,00 M.{RK. Ip :.\o/',00 l\U s( 2 ( osT PaR ti\lTI Of- ItoLRS Mrs( l r(,f DAYS! OI'PTRSON\ELd ()f Locr'floNsD}jscRtP'l'lol\.{,ill E tilcrsetl 0ei' D¡r ,rl l-rt ^l- 14 englneers LINSCOTT Lnw & GRr¡¡¡sp¡H Effective November l' 2008 TITLE Príncipuls ' Principal Engineer-.-.'...'...'.... Associate PrinciPal Engineer.' Planning/Design Manager ...'.. T ra nspo rtat io n E ngin e ers Senior'fransportation Engineer...,.'. "' Transporlation Engineer Ill .'..."'."""' 'l'ransportation Engineer I I ....'..'.'.'.,." Transportation Engineer l'..".....'."'. -' Tru nsporlation Plu nners Senior'ì'ransPortation Planner Transpoñation Planner lll .."'. Transportation Planner I I.'..'.- Transporlation Planner I Technìcøl SuPPort Engineering Associate ll ........,....'. Engineering Associate 1.........'."..'. Dngineering Cotnputer Analyst ll.. Enginecring Computer Analyst I '.. Senior CADD Drafter','."'. CADD Drafter lll ."'..'......' CADD Drafter ll'.'..'."'..... CADD Drafter l'..'....'..'....' Senior Engineering Technician . Engineering Technician II ..."..'. Engineering Technician I ....".". Word Processor/Secretary' Engineering Aide I .....'...... .s .$ .s .s PER HOUR 2s2.00 2 ró.00 20 r .00 r78.00 158.00 t33.00 il4.00 158,00 r33.00 r r4.00 r02.00 Engineen & Planne.s lrafic I ¿rìsport¿ltion Pal kinq L¡nscoí. Law & Greenspan, Engineers 2 Execrtivc Circle Srirte 250 lrvine. CA 92614 949.825.6175 ¡ 949.825.6173 r wwwllgengtneels.cont Pasodena lrvin e Sarr Dregc Woodland Hiils .s ,$ .$ .$ '1È ,s I 13.00 r 09.00 t08.00 85.00 ..$ ..s r09.00 r02.00 90.00 77.40 s $ s 109.00 r02.00 77,00 72.00 55,00s Publicllearingant|litigationsttppoflma).hechargerlatl25o'uo()l.theb¿tseratc. litigation and Court appeârances rvill be quoted scparatcly' Project-re lated milcagc rvill be billed at the prevailing standard mileagc rate as determined by the IRS' subcontractors anct other pro.iect-related expenses rvill be billecl at cost plus I 570' lhe above schcdule is tirr straight tirne. Ovcrtime rvill bc oharged at 1 50 times the standard hourly rates' lnrerim and/or monthly statetn;nts rvill be presented lìrr complctcd rvork. 'l'hcse will be due and payable upon presentation unless prior ur*ng"*.nr, arc inade. A linancc charge ol l.5ozô rnay be charged eaoh month on lhe unpaid balance, 15 (lonsultation in connection lvith PlrrllF M lrrtsr:ou. PE ¡9:¡':(i:, J¿rcL M Greensli¿rr, PÉ,1,u ' ¡/rll,¡rr A L¡w. Pt r.j ã¿ul \t \vliflson. PE J:,hr P (rrtinç, PE Jac¡d S Shcncer, PE Jchn A Buarnan, l[ :lôrc ¡.4 Look Jac0er, P€ ¡:lr¡¡d I Eatrúttr. PI (erl D [4¡berv. PE rr, :{i:rô a.; i'¡r 'r";{dtir 'çt¡ Mr. David Contreras March 22^2418 Page 7 EXHIBIT B FEE ESTIMATE Current Contract A uthorization : Contract Amendment No. I Budget Request: Contract Amendment No. 2 Budget Request: Contract Amendment No.3 Budset Reouest: Adusted Contract Amount: s 67,045.00 s 6"ó86.00 $ 4,567.00 $ 14.558.00 $ e2.8s6.00 Llpon return of a fully executed authorization, this service fbe and condition shall become a pan of the Contract Agreement dated August 24,2017. except as amended herein. Requested by: Linscott, Law & Greenspan Engineers By Title: Senio( Transportation Engineer Title Date March 22.2018 Approved by: City of San Juan Capistrano r:tltttllP/¡\ t lN'.,( {} r I t Âui ,t [;Ht 1 N'ìf'Ai\¿ 1 ,\nlcndtìcñt j-l . 3l-::.i I dilc\ AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGRESMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AIì{D PLACEWORKS l. Parfies rnd D¡te. This Amendment No. 2 to the Professional Services Agreernent is made and entered into as of this t5t{¡_ day of Janr¡ary, 2019, by and betwçen the City of San Juan Capistrano, a municipal organÞiltion ôrganized under the laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San Juan Capistrano, Califomia 92675 ("City') and Placeworkso a California Corporation with its principat plaee of business at 3 MacArther Place, SuitE 1100, Santa Ana, CA 927A7 ("Consultant'). City and Consultant are sometirnes individually refened to as "Party" and collectively as "Parties." 2. Recltals. 2.1 Consultant. The City and Consultant have entered into an agreem€nt entitled Profçssionol Services Agreement daæd Novcmber 7, 2017 ("Agreement") for the purpose of rctaining the servises of Consultant to provide preparation of an Initial Study (IS) and subsequent environmental document, as required by the initial snrdy, for the Rivor Street, San Juan Capistrano project. 2.2 Amendment No. l. On April 3, 2018, thc City and Consult¡nt entered into Amendment No. I to the Agreernent (Amendmeirt No. l) to rcvise the scope of services and incrcaso the not-to-cxceed compensation amount' 2.3 Amendmsnt Puqpose. The City and Consultant now desire to amend the Agreeinent to revise the scope of services and increase the not-to'excced compensation amount. 2.3 Amendment Authçrity. This Arnendment No. 2 is authorized pursuant to Section 3 of the Agreement. 3. Term¡. 3.1 4,{nendmpnt. Sections I and 3 of the Agreement are hereby amended in thcir entircty to read as follows: Pagc I of 3 ATTACHMENT 5 1. Servises. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2.ComBensation. a, Subjæt to paragraph 2(b) below, the Cify shall pay for such services in accordance with thc Schedule of Charges set forth in Exhibit "B." b. ln no event shall the total amount paid for services rcnde¡ed by Consultant under this Agreement exceed the sum of $212,681. This amount is to cover all printing and related costs, and the City will not pây üty additional fees for printing experises. Periodic payments shall be m¡de within 30 days of receipt of an invoice which includcs a detailêd description of the work performed. Payments to Coneultant for work performed will be m¿de on a monthly billing basis. 3.2 Continping EtIþ* pf AgreemErtl, Except as amended by this Amer¡dment No.2, all other provisions of the Agreement remain in full force and effect and shall govsrn tlre actione of the parties under this Amendmçnt No. 2. From and after the date of this Amendment No. 2, whenever the term "Agreement'o appears in the Agreement, it shall mean the Agreement as amcnded by this AmendmentNo.2. 3.3 Adequate.ÇqnçidereJi.çn. Thc Pal'ties hereto irrevocably stipulak 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 Severabjlily. If any portion of this Amendment No. 2 is declarcd invalid, illegal, or othe¡wise uncnforceable by a court of competent jurisdiction, the rernaining provisions shall continue in full force and effect. [Signatures on Next Pagel Pagc 2 of 3 V STGNATURE PAGE FOR AIVTENDMENT NO. 2 TO PROÍ'ESSIONAL SERVTCES AGREEMENT BETWEEN THE CTTY OF SAN JUAFI CAPISTRANO AND PLACE}VORKS CITY OF SAN JUAN CAPISTRANO PLACE WORKS Approved By: Signature me Date Affesfed 8y: Approved AsTa Form: fu:tqç..tra*E*¡fu,., Title Date Pagc 3 of3 E:XHIBIT A @| PLAcETvoRKs SERVICE AUTHORIZATION AMENDMTNTNO. 2 PROJEC' NO.ñovember 6, t018 PROJECÏ NAME R¡ver StrÊet Martetplace AGRTEMEN¡T BETWEEN: CLIENT PlaceWorks SÎREET ADDRESS 3 MacÁrthur Place, Sulte 1100 CITY STATE AND ZIP Sôntð Ana, CA 92707 CONIACT Nlcole Morse Hereinafter refe¡red 1o as "Cllent."Herelnafter referred to ¡s "Consult¡nt." lhls Amendment No. 2 to an €xisting ¡greement for services ls madc ¡nd enterGd lnto effectlvc as of thc d.t€ of signature ("Effectlvc Date"), by and between PlaceWorks (Consultant), a Califomia Corporation, and C¡ty of 5¡n Juan Capistr¿no (Cl¡ent)' RECITAL The Consultant desires to ¡me¡rd, modify and ¡evl¡e that crrtain Agreement {"Exirtin8 AgrQ€mênt"} wlth the Cl¡cnt, ent€rcd ¡ntg on November 7, 2017, ¡s arncnded on March 22, 2018, to provldê Servlces, as defined thereln, and to now amend the Exlst¡ng Agreem€nt' Except as specifically amended by this document, all oth€r terms and condit¡ons of tft€ Eri sting Agfeement wlll rÊmain in full furcc and effect, without modification. Now, therefore, in considention of the above hcts and of the covenants and agreement contained herein, the partils hcrcto agree that: A Contract Arnendment in the amôunt of 528,¡¡49 ls authorhed in accordance wlth the scope of work provided ¡n Att chment A' 1alks New TASK 1, PRO.IECT MANAGËMEilT & ADMII{ TASK 3. MEENHGS A¡¡D PUELIC HEARINGS 17 TASK 4,2. AIR QUAIJTY AND GHG T\/þD€LIÌ{G & ANALYgIS t 2,9¡10 TASK 4,3, NOISE 14 TASK 4.6. BIOTOGICAL REPORT TASK 6C. SCREENCHECK DRAFT EIR 1A5K 6D. PUELIC DRAFT ÉIR 7 REIMBURSASLE EXPENSE 963 47 DATEs¡c-11 CONSULTANTCity of San luan Cåpistrano STREET ADDRÊss32400 Paseo Adelanto CITY STATS AÑD ZIPsan Juan Cap¡str¡no, CA 92675 CONTACÎDavld Contreras Arnor¡nt of thls Ameldmcnt Prcvious Coñlfrcl Amognt 5.800 5,160 9,185 4,515 3,5509,390 9,064 250 0 l,¡t85 r0.060t7,920 4.520 ¿,900 2,434 5ZS t t84,2tz 32E,¡149TOTAI CONTNACÎ AÍVIOUNT:i 12r 1,681 @|PLAcETvoRKs CONSUITANT: CONSULTANT Pl¡æWorks s'rnffT AoDRESS 3 MacÀrthur Place. Sulta 11@ CITY SÍAT€ AND ¡F Sant¡An .CA 92707 AUTHORIZED REPR€SENTATIVE CIJÊT{T: clrEl{T Clty of San Juan Caplsùano STREET ADORESS 32400 Prsee Maltnto CITY STAIE ANO ZIF S¡n Juan C¡plstrano, CA 92675 AUTHORIZED RTPRESENTATIVE Assoclrtê Principal Prlnclprl Planncr Drtc ÎITLEflcPle Mor¡c, Esq. IlTLEDavld Cofürerar Cllent's Authori¿ed R€pres€ntðtlve Drtc Scrvke Authorizd¡on I P.gc 2 rt EXHIBIT B Atlochment A: Scope of Work of t¡orl CoitT¡¡k 1 : Proiect Manågernent & Adrninistretion 3: Meetings and Public Hearirq5 4.2r Air Qu¿lity ¡nd GHG Modeling and Analysis 4.3: Noise 4.6: Biologicål Report {Cadre}r 6C: Screencheck Draft EIR 6O: Public Draft ËlR Reimbursable 2 l,lo. t C¡ntæt ts. r 60 4,515 3,550 250 1. lncludca t 10 Parc€{t mtrt'tlP' Placework' proiect m¿nager will coordin¡te clooely with ensure th¿t the EIR and asociated technical documentt the Cily are legally defensible. ¡ccuråte, ¡nd useful to dxision'm¡ker¡ considering the ¡pprov¿l of the Project. (August ¿018-lvlarch 2019 @3 hourlrnonth). This task involves on-goirç coodination with Crty staff. ¡ubconsult¡nt:, and intern¿l ¡taff, and ìncludes; (l) m¡n¡ging esk scheduling and arsrgnment, manðgement of resource¡, monitøing ol costs, ¿nd xhedule adherence; (2) consuh¿tion and coordin¡tion w¡th loc¡l and stale agencies relaíve to the envìronmentål docunent and the environmentâl review process; (3) coordin¡tion ¡nd communic¿tionr with City suff to eflsure that City policie¡, procedures, rnd any applicable code¡ are complied with ard. where appllcable, are incoçorated loto the lnitial Sludy åndlor EIR; {4) ensuring th¡t the environmental review process and the lnitial Study ¡nd/or EIR satisfy the statuler and guidelines of CÊQA and thc City's ¿dopted Environmental Review Guidelines; and {5} representing the consultant tsam in public meetings and confetence calls as requened at seven (7)additional and¿ndAïendånce meêÎin9spreparâlion the to lo andrnodeling analysisår¿nd emr55lon5GHGquality haulâccounttakernforwestochangesgradingquånti!ies,updated Câdre Environmêntal preparcd a biological memorandum on .luly 30th, 2018 ¡nd ¡ FESA w¡s on wirh reviredThe noire re¡ources technical compliance assessment 3 I I for River Streettechnical prepared the screencheck Dr¡tt EIR; submitted rections as they be{åme avail¡ble; revþr¡ved and incorponted 34 round:91 comments fo¡ each EIR sect¡on, as they became available. Addilion¿l stðff t¡me wås included to tepond commenls rel¿ted to ttr hvdrolmv; HRAR ¡nd incorpor¡tion ol the TlA, PlaceWorlc PlaceWork¡ will prepare the public Dr¡ft ElR, wfiich is the final ver¡ion of the document before it goer into reproduction. Upon City approval of the Draft tlR ås the public draft version, we will prep¿rre ¡ Notice ol Av¡il¡b¡l¡ty (NOA). Thê NOA will provide r sumtnåry of the projecr description and an explanation of the scope of issues included in the Dr¡ft ElR. Office Erpense (2% of Éd tabor) 1,485 1 0,060 2,900 AMENDMENT NO.2 TO THE PROFESSIONÄL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPTSTRANO AND LG2WB ENGINEERS,INC. t.Parties and Date. This,Amendment No. 2 to the Professional Services Agreement is made and entered into as of this Wday of January, 2019, by and between the City of San Juan Capistrano, a municipal organizatìon 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 Exeoutive Circle, Suite 250, Irvine, CA 92614 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties.'o 2. Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled Profèssional Services Agreement dated November 7,2017 ("Agreemenf') for the purpose of retaining the services of Consultant to provide Preparation of a Traffic Impact Analysis (TlA) for the River Street, San Juan Capistrano project. 2.2 Amendment No. l. On April 3, 2018, the City and Consultant entered into Amendment No. I 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 I and 3 of the Agreement are hereby amended in their entirety to read as follows: L Services. Page I of3 ATTACHMENT 6 Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 2, Colnoensation. 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 Agteement exceed the sum of $117,172. This amount is to cover all printing and related costs, and the City will ngt 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,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 Adeouate 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 of3 \" SIGIÌATURE PAGE FOR AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUÀI\¡ CAPISTRANO AND LG2WB ENGINEERS, TNC. A CALIFORNIA CORPIORATION, DBA LINSCOTT, LA1V & GREENSPAN, ENGINEERS CITY OF SAN JUAN CAPISTRANO LG2WB ENGINEERS, INC. A CALIFORN¡A CORPORATION, DBA LINSCOTT, LAW & GREENSPAN, Approved By: ENG (-29-n Signature Date Richard E. Barretto, P.E. Name Principal c Clerk Title January 16,2019 Date As Io Farm: City Page 3 of3 Subject: EXHIBIT A December 13,2018 Mr. David Contreras Development Services Department City of San Juan Capistrano 3240A Paseo Adelanto San Juan Capistrano, CA92675 LLG Reference: 2. I 7.39 I 0. I Attached Contract Amendment Request No.4 (#2 for SJC) River Street Development San Juan Capistrano, Califomia Dear Mr. Contreras: Linscott, Law & Greenspan, Engineers (LLG) is submining the attached Revised Contract Amendment Request No. 4 (#2 f'or SJC) related to the River Street Development project (hereinafter refened to as Project) in the City of San Juan 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 thpt this contraf:t amendfnent will also replenish the budget for the p,ublig 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, east 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 healtUfitness club uses. The Project will have a parking supply of approximately 292 on-site parking spaces (+l-5%). ln addition, depending which of the fwo design options are ultimately selected, the Project may include parking along Paseo Adelanto, along the Project frontage and construct diagonal on-street parking spaces in place of on-street parallel parking. Access to the Project site will be provided via a driveway on Paseo Adelanto and a driveway on Los Rios Street. Please note that emergency access will be provided via Enginarn& Phnnen ïr¡ffic ïrånsportadon Pa*ing Un¡col. [¡w& Broonrpan, [ngineos 2 Execrnive Circlc Suite 250 lrvine, C,q 9?61 4 919.6.61?5 r 9498216.lIJ r www.llgengineers.com Pasadena lrviog San 0iego Woodland Hills Phil¡p M. Unrcolt Pt!rsa.l.2rt Jscl M. Groon8par, PE {8di luft¡om A L¡w PE lßdr P¿ulW. Wdkin6dt PÊ John P Ke¡ling, PE Oavíd S. $hend¡r, PÉ John A. Boarm¿n, Pl Clsrî M. Look-Joogor, P[ Srchrrd E- Brn6to, PE. KeÍ 0. M.boíy, PË i !:.ìtlt.':l . I ili''t i¡¡ I lAr¡', q lìiil-i:j(,PÂN A. ie 2WB Corpr¡/ r'ùrdrd lñ8 Mr. David Contreras December 13,2018 PageZ River Street. The proposed Project is anticipated to be completed and occupied by Year 2024 The attached Contract Amendment Request No. 4 (#2 for SJC) fomr refers t'o our original contract dated August24,2017, 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 fiorm and return it to our offtce. If you have any questions, please call. Sincerely, Linscott, Law & Greenspan, Engineers Zawwar Saiyed, P.E. Senior Transportation Engineer Attachment CaprsrrûB - Conmd Amcndmml i4 (Ë? for SJC) - I l'ì j- l¡i.d¡tcr r: l! ii I tl t I I liii',i {i:¡ I ¡r'.t' t; t',,.llliì,lr ',,\'¡ Mr. David Contreras December 13,2018 Page 3 CIient: Pmject: ,ADDITTONAL WORK: Mr. David Contreras Development Services Departnaent City of San Juan Capistrano 324t0 Paseo Adelanto San Juan Capistrano, CA92675 River Street Development San Juan Capistrano. California LLG Reference: 2.1 7.3910.1 ,'tl{i,¡}, t ¡i I illI'i t)i I I ,rr lt; ¡; {i!í{f,,ì'irl¡ Task I Coordinated extensively and provided support, via emails and çonference calls, to Cify 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. r Discussion regarding improvements to Paseo Adelanto, along the Project frontage. ¡ Addition of Existing Public Transit section r Addition of Existing Bicycle Facilities section r Discussion of the two (2) options for improvernents on Paseo Adelanto to accommodate the recommended dual eastbound left-turn lanes on Del Obispo Street via the provision of two (departure) northbound receiving lanes on Paseo Adelanto. r Incorporate updated site plan in TIA report r Discussion regarding the Project's request for improvements within Orange County Flood Control right-oÊway. ¡ 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 N:J900ll?1910 - RjvsSM D6ctopnænr. Se Jr6 C¡pistuarl I - t!l'A md (:ônhcß,conræ Âm6dmdrs t-4 (R€viscd) (tl for SJC) " l2-ll-13.?l?.tQlû ' River sæel Ddclopm6t. Sm Ju¡n CaÞishÐo - Contracl Àftrdmenl 14 (l: lor SrC ) " i l- I f i ¡i.do.r Mr. David Contreras December 13,2018 Page 4 Task 3 Task 4 reports were suitably documented with tabular, graphic and appendix materials. The reports were submitted for your revíew by appropriate members of the Project team and City Staffon May 9, 2018, May 29,2A18, June 13, 2018 and June 27, 2018. Provision for support to Crty staff and Project team for ongoing efforts (10 hours of Senior Transportation Engineer support are allocated for this task). Based on anticipated comments from the City staff and Project team, the n"affic 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 TrafficlTransportation 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 6 Prepare and submit written responses to traffic-related comments received at public hearings on the Project and comments on the Traffic Section sf the DEIR during the public review process. Update the responses, if necessary based on City and/or Project team comments 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 prçaration for and attendance by LLG at up to seven (7) Project team/City staff meetings. This proposal allocates two-and- half (2.5) hours of preparation and participation by the Principal Engineer ar each of these meetings Cap¡slrúo - Coiltmd Am6dñenl t¡ (ri2 for SJC)- l2'il'l3.docx fl¡il/'1{ i' I I l,ìi,l t' i ¡ I Álr !, {iFti l l'.'"t ¡ri'i Mr, David Contreras December 13,2018 Page 5 EXH¡BIT B FEE ESTIMATE Current Contract Authorization: SJC Contract Amendment No. i (LLG #1,#2, #3) Budget Request: LLG Contrq.ct Amendment No. I Budget Request: LLG Contract Amendment No' 2 Budget Request: LLG Contract Amendment No. 3 Budget Request: SJC ContIact Arylendqent No. 2-ILLG #4ì Budset Request: 15% Reduction: Adjusted Contract Amount: $ 67,045.00 $ 25,81 1.00 I6,686.00 I4,s67.04 8 14,558.00 $ 28.607.00 - I4,291.00 $ I17,172.00 Upon return of a ñrlly 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: Linscott, Law & GreensPan Engineers Approved by: City of San Juan Capistrano By: Title: Senior Transoortation Engineer Date: December 13.2018 Title: - /l¡tilllf i.\ t;iil,i i¡r t I Atr fi { r,¡ | ¡ r :1À ¡{ri.¡ lf r 11,,,1 aapisrmo - ( ônt ¡cl .lmsdû€¡l ø (rr: fot SJCI - i:-,.1- ¡¡.docx LINSCOTT, IåW & GREENSPAil, EIIISIIEERS NOVETBER t JOBNO. Ll7.¡910,t -Cortnct^mrdMt il4 ß2 îor r$¡c).roÊ Dfis{:RIP-l lO¡ii Rlver S$æt DcvcloBml. S¡n Jun Crplrtrr¡o TITLI AfLLINC RÀ'TE TOT,\L HOLPS COST PER 'TITLtr 2 f,4 5 1 ß 9 l0 lt Princ¡oãl ËncinH R 4 tó I /.) ó6 ßt I 748 Smior l I rF¡(t l4 I .t8 È s4,132 s904Âflct t¡t Aidc I s55 0 t(¡ f0 ¡{)'tat, cosT st.9.tE sl.1 ¡4.4l{)$0 5{J 5n szE.4s$ lll RATÊI cos'f r Õ5 Mtr.Es å OF TJNTTS $l 57.00,ilô R¡imbilrçmcn¡5tÌ.5 J"!294 'RSÂSL['S t¡ 37.W NAt!l¡:Df]SCRIPTION { ot¡ t,o(:ATloNs d OF Pf,RSON¡iE¡, t otl DAYS È ol¡ llouRs Mrsc t illrsc t cos'l'PËR UN¡T M Rt(" 1¡P cos't' tÕ 0{ì r.RFtiô¡ Côù¡1.llo,â f{).00 ae/ô $0.00 I 16lÏr. ¡$0.00 I,JLTÀNT COST yr,lxl ' - r : ¡ iiå!îiiã f¡:r,\L llrt. AMENDMENT NO.3 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PLACE\ryORKS 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, Califomia 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 "PaÍty" and collectively as "Parties." )Recitals. 2.1 Consultant. The City and Consultant have entered into an agreement entitled Professional Services Agreement dated November 1, 2017 ("Agreement") for 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, 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 Pumose. 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 Authorit)¡. This Amendment No. 3 is authorized pursuant to Section 3 of the Agreement. Page 1 of3 ATTACHMENT 7 3. Terms. 3.1 Amendment. Sections I and 3 of the Agreement are hereby amended in their entirety to read as follows: l. Services. Consultant shall provide the City with the services described in the Scope of Servtces attached hereto as Exhibit "A." 2. Compensation. a. Subject to paragraph 2(b) below, the City shall pay for such sdrvices 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 $256,581. 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.3, all other provisions of the Agreement remain in full force and effect and shall govem 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 Severabilitv. 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 of3 SIGNATURB PAGE FOR AMENDMENT NO.3 TO PROFESSIONAL SBRVICES AGRB,BMENT BETWEBN THE CITY OF SAN JUAN CAPISTRANO AND PLACEWORKS CITY OF SAN JUAN CAPISTRANO Approved By: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As To Form: City Attorney l''lt ære /l^øya'É- PLACE WORKS Signature Name ?Pt t¿¿+f ft-' Title Date 7ot Page 3 of3 EXHIBIT A @IPLAcEìt/oRKs SERVICE AUTHORIZATION AMENDMENT NO. 3 PROJECT NO July 3, 2019 PROJECT NAME R¡ver Street Marketplace AGREEMENT BETWEEN: CLIENT PlaceWorks STREET ADDRESS 3 MacArthur Place, Suite 1100 CITY STATE AND ZIP Santa Ana, CA 92707 CONTACT Nicole Morse Hereinafter referred to as "Client."Hereinafter referred to as "Consultant." This Amendment No. 3 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 Corporat¡on, 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 22,2OLBand December L8,2OI8, to provide Services, as defined therein, and to now amend the Existing Agreement. Except as specifica lly 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 covena nts and agreement contained herein, the parties hereto agree that: A Contract Amendment in the amount of 543,900 is authorized in accordance with the scope of work provided ¡n Attachments A and B. Tasks New Contract Amount TASK 3. MEETINGS AND PUBLIC H 16,990 TASK 4.7. FISCAL AND ECONOMIC MEMO 3,850 TASK 11A. MEMORANDUM 22,8s0 TASK 1 18. CONFERENCE CALLS 3,1 60 TASK 1 1C. CITY COUNCIL HEARING 4,760 TASKllD.URBANA 3,388 REIMBURSABLE EXPENSE 11,477 TOTAL CONTRACT AMOUNTS $ 2s6,581 s DATEsJc-1L CONSULTANTCity of San Juan Capistrano STREET ADDRESS32400 Paseo Adelanto CITY STATE AND ZIPSan Juan Capistrano, CA92675 CONTACTDavid Contreras Previous Contract Amount Amount of th¡s Amendment 13,700 3,290 0 3,850 0 22,8s0 3,1 600 4,7600 3,3880 2,6028,875 5 212,681 $ 43.900 3 MacArthur Place, Suite 1"1-00 I Santa Ana, Californiag2TOT | 7L4.966.9220 | PlaceWorks.com @ PLACEìI/ORKS CONSULTANT: CONSULTANT PlaceWorks STREET ADDRESS 3 MacArthur Place, Suite 1L00 CITY STATE AND ZIP Santa Ana, CA 92707 AUTHORIZED REPRESENTATIVE Pri ncipalTITLENicole Morse, Esq. PlaceWork's Authorized Representative CLIENT: CLIENT City of San Juan Capistrano STREET ADDRESS 32400 Paseo Adelanto CITY STATE AND ZIP San Juan Capistrano, CA97675 AUTHORIZED REPRESENTATIVE Date Principal PlannerTITLEDavid Contreras Client's Authorized Representative Date Service Authorization I Page 2 EXHIBIT B Attochment A: Scope of Work Task 3: Meetings and Public Hearings 4.7: Economic lmpact Report (Andrew Chang & Co, LLC)I 1 1A: Memorandum - Responses to Comments 1 1B: Conference Calls (4) 'l 1c:Council Heari ust 2019 1 1D: Responses to comments, conference calls, and Council hearin attendance (Urba Reimbursable Expense Cost 3,290 3,850 22,850 3,1 60 4,160 3,388 500 1,200 171 50 681 Contract Amendment No. 3 Contract Amendment No. 2 Contract Amendment No. 1 $ 1 s,993 Contract Total $l Scope of Work Attendance and preparation at additional meetings, conference calls, and hearings. Review/revise resos and findings in preparation for City Council. This work has been performed and completed. See Attachment B. This work has been rmed and completed Responses to Late Comment Letters and Public Testimony at the Cultural Herìtage Commission, Planning Commission, and .July 2' 2019 City Council Hearing four conference calls with the project Principal-in-Charge andUp to three other experts Preparation and Attendance at City Council Subconsultant Urbana participating in Tasks 1 1A-1 1C. Additionaì copìes and distribution of FEIR Copies of Response to Comments Memo CDFW Filing Fee (fee increase) Orange County Clerk-Recorder Filing fee Office Expense (2% of PW Labor) ,1i,,,,,'' i;;!1. 1 j. i.'r,'l''i.ri;i:i, rl,i.ìr'lri; i .i::' 1.. lncludes a 1.0 percent mãrk-up. Atlochment B: Andrew Chong & Co, LLC Scope of Work @ PLACEUTORKS Proposal to Assess the Fiscal and Economic lmpact of the River Street Marketplace Project on the City of San Juan Capistrano April 8,2019 @ ANonsw CHnNc & Co, LLC l lrl ,'t1i¡r 1]ii:,tei .iji-iii,,.:,,1 ir..j,,11;.rti:-'i.Èi.i,;. i.-.,1: ',.i'-t,::: i+ r !Ìä ü-i;:;.:i .l:l'1 Proposal to Assess the Fiscal and Economic lmpact of the River Street Marketplace Project on the Gity of San Juan Capistrano (Table of Contents) 1Cover Letter 2A. Qualifications and Expertise 4B. Scope and Key Questions 4C. Cost 4D. Contact lnformation 5Appendix A - Project Staff Resumes PageItem @ ANnnBw CHnNc & Co, t-t-c April 8,2019 Ms. Nicole Morse Placeworks 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 Phone: 714.966.9220 Email: nmorse@placeworks.com Dear Ms. Morse Andrew Chang & Co, LLC is pleased to submit our proposal to provide an assessment of the fiscal and economic impact of developing the River Street Marketplace Project on the City of San Juan Capistrano, CA. We understand that this project is currently under consideration by the City and that you will need to have the study completed on or before December 31,2018. We believe that we are uniquely qualified to perform the fiscal and economic impact assessment. What we bring to the project includes: . Extensive experience determining the fiscal and economic impact of new developments in California;. Expertise in using advanced analytic techniques to solve policy problems;. Substantial experience performing fiscal and economic impact analysis for state and local agencies and private sector companies; and. Hands-on experience working on sensitive experience under tight deadlines. lf you have any questions about our proposal, please feelfree to contact me on my mobile at 415-572-5291 or by email at andrew.chanq@AChanqLLC.com. We look fonruard to hearing from you. Sincerely, /' r,''.,'/1. d - Andrew Chang Managing Director Andrew Chang & Co, LLC A. Qualifications and Expertise Andrew Chang & Co, LLC has deep expertise in applying cutting-edge analyses to help frame and solve issues pertaining to public policy and business. We provide strategy and operations consulting to a number of Fortune 1000 firms to improve their top and bottom lines. Moreover, our consultants have significant experience providing policy, economic, fiscal and operations consulting for a number of public sector agencies, non-profit organizations and coalitions to help frame and shape policy development. As demonstrated in Figure 1, our professional statf has a wide range of issues, including state and local government issues pertaining to economic and public finance analysis. Figure 1 Andrew Chang & Co, LLC Experience Matrix Health & Human Services Military & Aerospace Education Energy & Natural Resources Eusiness & lnfrastructure General Government Public Policy & Business Strategy Development Economic & Financial Analysis Management & Operations Consulting lnformation Technology Consulting I nrimary Exper¡ence Q Secoøary Exp€rience Our experience includes the following (Partial list of publicly released studies) An Analysis of the lnland Empire Dairy lndustry: Report commissioned to evaluate the future of the dairy industry in California's lnland Empire (November 2013). htto.//www. citvofch i no. orq/home/showd ocument?id =9206 Stratford Ranch lndustrial Development - Fiscal & Economic lmpact: Fiscal and economic assessment commissioned to inform the discussion regarding the development of an industrialfacility in the City of Perris (October 2012). http://rnnffw.cityofperris.oro/departments/development/lnteqraDistCenter/ElR-Findinqs- SOC.pdf 2 \ 7 An Agriculture lndustry Analysis of the lnland Empire: Report commissioned to assess the long-term prospects of the agriculture industry in California's lnland Empire (March 2012). https://mvoordie.files.wordpress.com/2013/02/appendix-c-aqricultural-analysis.pdf Fiscal & Economic lmpact of Proposed Redevelopment on the City of Cypress: Fiscal and economic assessment commissioned by the City of Cypress to inform the decision making process regarding the development of 33.5 acres of the Los Alamitos Race Track as posted by Citizens for Responsible Development (February 2012). https://fb.docs. comÆ 1 S8#! Staffing: The project team organization is exhibited in Figure 3. Detailed resumes are included in Appendix A. Figure 3 Project Staffing Model Andrew Ghang, Managing Director Andrew has twenty years of experience working with both high-level executives and operations staff on sensitive issues in both the private and public sectors. Andrew's experience includes the development and implementation of major public policy initiatives for campaigns, think-tanks and government agencies, and the development and implementation of major strategy and operations initiatives for Fortune 500 companies. Andrew has served in multiple executive positions in government, including Chief Deputy Director of the California Department of General Services, Assistant Secretary for the California State and Consumer Services Agency, and Economist for the Office of the Governor of California. Andrew began his consulting career with the global consulting firm of A.T. Kearney where he worked with technology and communications firms to develop market entry strategies and restructure corporate finances. Andrew received his A.B. from the University of California at Berkeley, his Masters in Public Policy from Georgetown University in Washington, DC and is a graduate of the University of Michigan's Executive MBA Center. Jenny Kot, Associate During her time at the firm, Jenny has specialized in the development and implementation of statewide public health programs and energy etficiency programs. Jenny has deep expertise 3 Jenny Kot Sr. Agssciaþ Andrew Chang Managing Director work¡ng collaboratively with diverse stakeholder groups on program design and has worked with several major state government agencies to improve their core administrative functions. Jenny has developed and managed sophisticated procurements, developed budget tools to monitor and track over 40 interrelated contractors, and developed policies and procedures to supporl program staff in contract management and contracting operations. Other areas of experience include marketing campaign management, social media management, and financial and strategic analyses. Jenny comes to the firm with experience in renewable energy market research where she designed market entry strategies and conducted industry research on policy changes and client needs. Jenny graduated Magna Cum Laude from the University of Nevada, Reno with a B.S. in Finance and Economics, with experience in conducting various types of multiple regression and trend analysis. Jenny is fluent in Mandarin and Cantonese. B. Scope and Key Research Questions Our analysis will utilize generally accepted principles of policy analysis and administration, business administration, economics, public finance, mathematics and statistics. For the purposes of this engagement, we will employ regional input-output analysis to determine the economic impact of the initiative. The product will be a 3 -5 page memo providing a high level assessment of the project. Key questions that the memo will address include the following: . What is the estimated direct economic stimulus that the project will create? Of this, what is the direct stimulus created by the construction of the project? What is the direct stimulus created by the ongoing operations of the facility?. What are the total direct jobs that will be created by the project?. What is the total expected economic output that will be created by the project? , What is the total impact on household earnings to residents in the City. C. Cost We will provide the services and develop the products described in this agreement for $3,500.00 firm and fixed. Additional expenses associated with in-person briefings and/or meetings requested by the client will be rebilled to the client at an hourly rate plus costs. D. Contact lnformation The principal contact for this engagement is as follows: Andrew Chang Managing Director Andrew Chang & Co, LLC 1107 gth Street, Suite 501 Sacramento, CA 95814 Office: 916-538-6091 Cell: 415-572-5291 Email: Andrew.Chanq@AChanqLLC.com 4 APPENDIX A ANDREW J. CHANG Managing Director PROFILE: Seventeen years of experience working with both high-level executives and operations staff on sensitive issues under tight deadlines in both the private and public sectors. Eight years strategy and operations consulting experience with emphasis on customer analysis and market entry strategies. Twelve years public policy development and implementation experience in Calrfornia State government. Extensive experience working with a broad array of stakeholders to design, implement and monitor organizational initiatives. PROFESSIONAL EXPERI ENGE: 10111 - present Andrew Chang & Co, LLG Sacramento, CA Managing Director. Provide market entry and strategy consulting to Fortune 1000 companies with an emphasis on private sector interaction with government. Private sector specialization in assessing and identifying new market opportunities and developing strategies to enter new markets. Public sector emphasis on public policy, economic and public finance analysis and operations management consulting. OTlOg - 10111 Chang & Adams Gonsulting Sacramento, CA Managing Director. Provide market entry and strategy consulting to Fortune 1000 companies with an emphasis on prtvate sector interaction with government. Private sector specialization in assessing and identifying new market opportunities and developrng strategies to enter new markets. Public sector emphasis on public policy, economic and public finance analysis and operations management consulting. O4lO7 -O7lOg Forward Observer, lnc. Sacramento, CA Vice President. Provide business intelligence and strategy consulting to Fortune 1000 companies to support market entry initiatives. Provide business-political risk and due diligence assessment for investment companies. Conduct fiscal, economic and public policy assessments. OBIO4 - O4lO7 California Department of General Services Sacramento, CA Chief Deputy Director Chief Financial and Operations Officer of a state department with $1 billion annual operating budget, thirteen business units and 4,000 employees. Oversaw the state's procurement and real estate operations. Also responsible for the state's telecommunications, automobile fleet, printing, warehousing, insurance and school construction operations. ' Special assignment to the Governor's Office to serve as chief staff economist for the Governor's Council of Economic Advisors. Facilitated Council meetings, prepared written briefings for the Governor on policy issues for conSideration and assisted Council members with original research to present at the Council meetings. . Special assignment to the California Department of Corrections and Rehabilitation to assess the agencies procurement operations and develop recommendations to improve procedures and operations. 06/00 - 08/04 A.T. Kearney, Inc. San Francisco, CA Senior/Engagement Manager (06102 - 08/04). Lead teams to develop strategies for new lines of business for a Fortune 1000 technology company, a national consumer products consortium and an international consumer products retail company.. Lead teams to develop strategies to both acquire and sell technology services, R&D and manufacturing business units.. Analytic and modeling methods subject matter expert. Finance and Accounting business processes subject matter exPert. Associafe Management Consultant (06/00 - 06/02) ' Conduct research and develop recommendations for various clients in the high technology and consumer Products industries. 5 08/03 - 10/03 12t98 - 02100 10t95 - 12198 05/95 - 10/95 09/93 - 05/95 EDUCATION: Californians for Schwarzenegger (Temporary leave from A.T. Kearney, lnc.) Santa Monica, CA Chief EconomisüDeputy Policy Director ' Principal economic, tax, energy and budget staff advisor for Arnold Schwarzenegger's gubernatorial campaign. MGT of America, lnc. Sacramento, CA Senior Man ag ement Cons u itant. lmplemented studies to improve finances and operations for Cleveland Unified School District, Florida State University and the California Resources Agency. California State and Consumer Services Agency Sacramento, CA Assrsfant Secretary for Policy and Operations. Executive of a government agency with an annual operating budget of $1.3 billion, twelve departments and over 14,000 employees.. Under supervision of the Secretary, guided agency and department policies, budgets and strategic plans.. Oversee the regulations development process of all subordinate departments to ensure that they met the policy and Administrative Procedures Act requirements. Personal Staff of Governor Pete Wilson Sacramento, CA Ch i ef Eco n o m i sØDep uty lssues D i rector. Managed the development of nationaltax, trade, environment, agriculture and crime policies for Governor Pete Wilson's presidential campaign. California Office of the Governor Sacramento, CA Deputy Chief Economist. Lead research teams to assess the economic and fiscal impact of tax, economic development, health care and immigration policies. University of Michigan Ann Arbor, Ml Master of Busrness Administration Essentiafs (1 of 30 A.T. Kearney consultants selected globally to participate in a tailored executive MBA program.) Georgetown University Washington, DC Master of Public Policy University of California Berkeley, CA Bachelor of Arts 6 JENNY YING KOT Sr. Associate PROFILE: Bachelor of Science in Economics and Finance with minor in Statistics. Two years of experience in macroeconomic data research and analysis. Two years of experience with developing organizational structure and procedures for university organizations. Two years of experience in strategic analysis, investment evaluation and basic financial analysis on public corporations. One year of experience in market research, outreach strategies, and analysis in the renewable energy sector. PROFESSIONAL EXPERI ENCE: 05/16 - present Andrew Chang & Company, LLC Sacramento, CA Associate/Business AnalYst. Conduct background research regarding development of major logistics center in Southern California. Under the supervision of the lead consultant, developed financial model to determine fiscal impact of the develoPment on the CitY.. Perform in-depth analysis on California's environmental and socioeconomic factors to assist in the Program and policy design of a Low lncome Weatherization Program executed by the Department of Community Services and Development. Perform pricing analysis on industrial supply vendors to match program needs with available products to maximize efficiency for the procurement process. . Design and develop a Master Calendar using Microsoft Project to manage more than 35 contracts. lntegrate all key administrative, contract tasks, milestones, and deadlines to establish a multifaceted 6- year workplan to implement California Department of Public Health (CDPH)'s California Reducing Disparities Project Phase ll (CRDP).. Provide assistance in finalizing solicitations, convening kickoff meetings, and aligning CDPH with contractors'expectations to ensure CRDP Phase ll is implemented in a culturally and linguistically competent manner. 05/15 - 05/16 ElectraTherm, lNC. Reno, NV Market Research Intern. Designed market entry strategies for an industrial renewable energy product into related industries such as oil and gas, waste water treatment, geothermal, biomass, and utilities.. Conducted extensive industry research to seek compatibilities between products and company functionality. Organized prospective client information for outreach purposes. . Analyzed policy changes in sectors relatable to renewable energy to determine tax incentives and implementation benefits for targeted client groups.. Designed marketing campaigns using MailChimp and Adobe Photoshop to engage potenttal leads. Communicate with prospects to further discuss performance potentials and encourage initial project estimate.. Simplified complex technical information on marketing collaterals. Customized pitch based on targeted audience to ensure effective communication and outreach.. ldentified website traffic key factors such as geographic areas and page bounce rates using Google Analytics to analyze website efficiency. Designed creative components for the website responding to Google Analytics data. 11/19- 07t15 SushiMoto Reno, NV ServerlCashier. Prioritized server, cashier and busser tasks during peak hours to uphold quality dining experiences. 03/13 - 05/13 University of Nevada Reno, NV Teaching Assrstanú ' Support professor in administration of course. 07111 - 07112 Levi Straus & Co Reno, NV Sales Associate. Provided customers with assistance finding and purchasing products to meet their individual needs. COURSE WORK: Seminar in Economic Research Reno, NV University of Nevada, Reno. Gathered cross-sectional, time-series, and panel data from sources such as the Bureau of Economic Analysis to extract information for analytical purposes. . Analyzed and graphed North Carolina's real per capita GDP and personal income data using the CPI lndex to identify patterns and trends in variables.. Manipulated and cleaned raw data using Microsoft Excel and Stata Statistical Software to prepare for 7 statistical analysis and obtain specific information about original sets of data.. Performed multiple regression analysis on macroeconomic data sets to estimate relationships among variables. Created statistical models based on results to find variable impacts. Develop recommendations for changes to enable improvements.. Examined current policy on Marijuana use and cross-analyzed policy information with marijuana demand data to evaluate the effect of policy changes on demand and prices. . Performed simple trend analysis and trend forecast using the Autoregressive lntegrated Moving Average (ARIMA) Model on North Carolina's real per capita income data to predict future movements.. Built reports based on findings to describe data and explain trends for an academic audience. Strategic Management Reno, NV University of Nevada, Reno. Developed a strategic audit on Costco to analyze company performance and create an implementation plan to expand Costco's digital presence.. Conducted extensive research on company's financial reports to evaluate financial trends of Costco and major competitors. Made recommendations on expansion strategies based on a ratio analysis.. Performed competitor and competition analysis on rival companies including Sam Club and BJ Whole Sales Club using basic strategy analysis, SWOT Analysis, Porter's Five Forces, and Strategic Group Map to assess competitive position.. Co-managed virtual digital camera company via Glo-Bus Game by forming and executing long-term strategies to make decisions pertaining to production, sales, marketing, and financials. Enhanced performance by building competitive advantage considering rival company's competitiveness. . Applied BCG Growth-Share Matrix and GE 9 Cell Grid to further determine company's individual Strategic Business Units (SBU) strength to make recommendations on resource allocatton. Reno, NVEDUCATION: University of Nevada, Reno Bachelor of Science, Magna Cum Laude 8 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, Califomia 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. I 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 of3 ATTACHMENT 8 3. Terms. 3.1 Amendment. Sections I 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 Servtces 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 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 Aqreement. Except as amended by this Amendment No.3, all other provisions of the Agreement remain in full force and effect and shall govem 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 BET\ryEEN THE CITY OF SAN JUAN CAPISTRANO Af[D LGzWB ENGINEERS,INC. A CALIFORNTA CORPORATION, DBA LINSCOTT, LA\il & GREENSPAII, ENGIIIEERS CITY OF SAN JUAN CAPISTRANO Appraved By: Benjamin Siegel City Manager Date Attested By: Maria Morris, City Clerk Approved As ïo Form: City Attorney LG2WB ENGINEERS, ¡NC. A CALIFORNIA GORPORATION, DBA LINSCOTT, LAW & GREENSPAN, ENGINEERS Signature Richard E. Barretto.PF Name Princioal Title Auoust 5. 2019 Date Page 3 of3 EXHIBIT A July 3, 2019 Mr. David Contreras Development Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA92675 LLG Reference: 2.1 7.39 I 0. 1 Subject Attached Contract Amendment Request No. 6 (#4 for SJC) River Street Development San Juan Capistrano, California Dear Mr. Contreras: 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 at 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 retum it to our office. If you have any questions, please call. Sincerely, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal Engineerc & Planners Traffic Transportation Parking Unscott L¡w& Greenspan, Engineers 2 Executive Circle Suite 250 lrvine, CA 92ô'14 9{9.825.6t75 r 94982å6lR ¡ www.llgengineers.com Pasadena lruine San Diego Woodland Hills Ph¡lip M. L¡nscotr PE{!921-2olnl Jack M. 6reenspan, PE lRetl \ivilliam A. LaW PE {Rst.t Paul W. Wilkinson, PE John P Keating, PE David S. Shender, PE John A Eoarman, PE Clare M. Look-Jaeget PE Bichard E. Banetto, PE Keil D. Maberry PE (/)(/¡¡lt'É't! I rNs( oI r tAvi & Gnrtnspnr.: Attachment An LG2WB Company Foondsd 1966 Mr. David Contreras July 3, 2019 Page 2 Client Project: SCOPE OF IIORK: Mr. David Contreras Development Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA92675 River Street Development San Juan Capistrano, California LLG Reference: 2.17 .3910.1 e4{ltn?('r\ LlN5Lr)il LA\¡f & GRTtNSIA¡l Task 1 Coordinate and provide trafftc 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 Trffic 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 Qro|rtc Operation Hot Spot) 2. I-5 SB Ramps at Ortega Highway Qroffic Operation Hot Spot) 3. I-5 NB Ramps at Ortega Highway (Trffic 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. Conhact Amendment #6 (#4 tbr SJC) - 07-0i-l9.docx Mr. David Contreras July 3, 2019 Page 3 EXHIBIT B FEE ESTIMATE Current Contract Authorization: SJC Contract Amendment No. 1 (LLG #I,#2, #3) Budget Request: LLG Contract Amendment No' I Budget Request: LLG Contract Amendment No. 2 Budget Request: LLG Contract Amendment No. 3 Budget Request: SJC Contract Amendment No. 2 (LLG fl4) Budget Request: SJC Contract Amendment No. 2 (LLG #4) l5% Reduction: SJC Contract Amendment No. 3 (LLG #5) Budget Request (Pending): SJC Contract Amendment No.4 (LLG #61Budeet Request: Adjusted Contract Amount: $ 67,045.00 $ 25,811.00 I 6,686.00 I4,567.00 I 14,ss8.00 $ 28,607.00 - $ 4,291.00 s 5,952.00 $18.430.00 $ 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: Linscoff, Law & Greenspan Engineers Title: Princioal Date: Julv 3.2019 Approved by: City of San Juan Capistrano Title: Date: By: {'ll(Jlneer<l LrN5itìt I Lnw & [ìRrrNsr-'AN Contmct Amendûent #6 (#4 for SJC) - 07-0i-l9.docx LINSCOTT, LAW & GREENSPAN, ENGINEERS FEE ESTIMATE 2(l(l8 FEE SCHEDULE JoBNo.@Jc)JOB DESCRIPTfON:@o 03-Jul-19 TITI,E BILLING RATE 9 TOTALgoltRs COST PtsR TITf-E Princinâl F-nùineer 4 E 6 2lt Se¡ior TE sl 7R E 20 6 Åo ç7 I TF II stlS 20 t0 io sl 9r) TFI sl l4 l0 2t lA ll ßil1 0 l) A.ide I s55 0 rÍtl0 $2.076 4 15::q s¡l-046 $0 ti0 0 $0 $0 ITEM RATE/ COST * ôF Mrt.Es I ÔF IINITS COST PER rTNM Auto Reimbursement s0.535 U s0. NAME DESCRTPTION # OF LOCATÍONS # OF'PERSONNEL foF DAYS #oF HOURS MISC I Mlsc 2 COST PER UNIT MARK- UP cosr ection Counts OUo B ^o/" q0 Avemùe Il oo/"s0 Traffic Mor |Vo bu.t) NT COST $U T TÄI, I ET I 1il5i',ii l;(r,i',fr,'.