20-0901_PLACEWORKS_Amd 2 to Professional Services AgreementAMENDMENT NO.2
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
PLACEWORKS
1. Parties and Date.
This Amendment No. 2 to the Professional Services Agreement is made and entered into as
of this 1st day of September, 2020, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Placeworks, a
California Corporation with its principal place of business at 3 MacArthur Place, Suite 1100, Santa
Ana, CA 92707 ("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 September 3 d, 2019 ("Agreement') for the purpose of
retaining the services of Consultant to prepare an environmental document for the Creekside
Specific Plan Residential Development Project (GPA 18-004).
2.2 Amendment No. 1. As of February 4, 2020, the City and Consultant entered into
Amendment No. 1 to the Agreement ("Amendment No. I") to amend the Agreement to include
additional scope of services and increase the not -to -exceed compensation amount.
2.3 Amendment No. 2. The City and Consultant now desire to amend the Agreement to
revise the scope of work to include the Industrial Adjacency Assessment (IAA) and increase the not -
to -exceed compensation amount of the Agreement.
2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of
the Agreement.
3. Terms.
3.1 Amendment to Section 1. Services. Section 1 of the Agreement is hereby amended in
its entirety to read as follows:
Page 1 of 3
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibits "A," "C," and "D."
3.2 Amendment to Section 2. Compensation. Section 2 of the Agreement is hereby
amended to read as follows:
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B," "C," and
.4D „
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $309,553. This amount is to cover
all printing and related costs, and the City will not pay any additional fees for
printing expenses. Periodic payments shall be made within 30 days of receipt
of an invoice which includes a detailed description of the work performed.
Payments to Consultant for work performed will be made on a monthly billing
basis.
3.3 Amendment to Exhibits. Exhibit D as attached to this Amendment No. 2 is
hereby added to and incorporated into the Agreement as Exhibit D.
3.4. 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.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 2.
3.6 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 Page]
Page 2 of 3
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES
AGREEMENT
BETR'I:FS IIIE CITY OF SAN JUAN CAPISTRANO
AN D PLACEWORKS
CITY OF SAN JUAN CAPISTRANO
Approved By:
-1� V —
mi ' gel'
City Manager
q -Z -?r0
Date
Attesldl"By,
Mar ( orris, Zly Clerk
Approved As To Form:
City Attorney
PLACEWORKS
Signature
William Halligan
Name
Managing Principal
Title
8-18-20
Date
Page 3 of 3
EXHIBIT D
August 13, 2020
PLACEWORICS
Joel Rojas, Director of Development Services
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Creekside Specific Plan Industrial Adjacency Assessment Scope of Work
Dear Joel:
This letter provides the scope of work for the Industrial Adjacency Assessment (IAA) to address the industrial
adjacency issue raised by FluidMaster.
We believe that PlaceWorks' team has the experience and expertise to successfully prepare the IAA. William
Halligan, Esq., Principal, will serve as principal -in -charge and be responsible for overall legal defensibility and
quality control. Bill will be assisted by Denise Clendening, PhD, Associate Principal, and Steve Bush, PE, Senior
Engineer, who will complete the necessary technical evaluation. Dr. Clendening has over 35 years of site
assessment experience in California and has worked extensively with environmental regulatory agencies.
Steve also has extensive experience in technical support services, many of which involve detailed assessment
of human health risks and safety hazards.
INDUSTRIAL ADJACENCY ASSESSMENT (IAA)
The intent of the IAA is to evaluate potential adverse effects of industrial uses in proximity to the project site
on the proposed project and identify any compatibility issues. The following environmental factors will be
reviewed and considered in the IAA.
» Phase I environmental site assessments and other contamination assessments for the project site and/or
nearby properties.
» Use of hazardous materials near the project site.
» Permitted air emissions from nearby facilities.
» Risk management program information for nearby facilities.
» Human health risk assessments in the vicinity of the project site.
» Hazardous waste generation at nearby properties and truck traffic.
» Noise and odors associated with nearby industrial operations.
COST ESTIMATE AND SCHEDULE
The table below presents our estimated cost, and PlaceWorks expects completion of the IAA within
approximately four weeks of authorization.
3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 i 714.966 9220 1 PiaceWorks.com
ED PLACEWORKS
TASK
COST
IAA
$22,800
Graphics/Word Processing/Eching
800
Project Management
1,000
Subtotal - labor $24,600
Relmbursables
Mis, Office Expenses
400
_
Subtotal— Rembu b
'l
$400
TOTAL
$25,000
Thank you for this opportunity to continue to serve the City of San Juan Capistrano. We look forward to the
successful completion of this project.
Respectfully submitted,
PLACEEWWO�RKS
ill/iam Halligan, Esq.
Managing Principal, Environmental Services
August 13, 2020 1 Page 2