21-0315_LG2WB ENGINEERS, INC._Professional Services Agreement61147.00310\33493401.1
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CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of _________________, 2021 by and
between the City of San Juan Capistrano, a public agency organized and operating under the
laws of the State of California with its principal place of business at 32400 Paseo Adelanto, San
Juan Capistrano, CA 92675 (“City”), and LG2WB Engineers, Inc., a California Corporation, dba
Linscott, Law & Greenspan, Engineers, with its principal place of business at 2 Executive Park,
Ste. 250, Irvine, 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 Focused Traffic Impact Analysis, Parking Analysis and Vehicle Miles Traveled
(VMT) Analysis (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.
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. 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 “A.”
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $39,520. 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. Additional Work.
If 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 outlining 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 Agreement shall
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be prepared by the City, approved by the City Council, and executed by both Parties before
performance of such 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, 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 four (4) years from the date of final payment under the contract for
inspection by City.
5. Term.
Consultant 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”). The
Notice to Proceed shall set forth the date of commencement of work.
6. Delays 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-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics or pandemics; 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 circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance 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. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant 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.
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
ordinarily exercised by members of the profession currently practicing under similar conditions.
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9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the 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 constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
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. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, 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) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(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
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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.
(vi) 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. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance 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 City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) 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. Workers’ Compensation/Employer’s Liability
(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
Consultant 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 Insurance Act,” Division IV 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 coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
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a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be written on a policy form coverage specifically designed to protect against
negligent acts, errors or omissions of the Consultant. “Covered Professional Services” as
designated in the policy must specifically include work performed under this Agreement. The
policy must “pay on behalf of” the insured and must include a provision establishing the insurer's
duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single 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 combined single limit
Employer’s Liability $1,000,000 per accident or disease
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) With the exception of Professional Liability, defense costs shall
be payable in addition to the limits.
(iii) 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
the parties required to be named as Additional Insured 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 equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names 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
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation 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. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
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Liability Additional Insured 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 provision 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 of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three 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 effective date of this 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, shall contain or be endorsed to provide a waiver of subrogation in favor of the
City, its officials, officers, employees, agents, andvolunteers or shallspecifically allow Consultant
or others providing insurance evidence in compliance with these specifications to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,
and shall require 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 are made 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 coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII 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 applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not 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.
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(ii) If at any time 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 has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) 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 be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants tocommence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this 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. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. As it relates to the performance of professional services by Consultant
under this Agreement, Consultant shall indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, 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, pertaining to, or incident to
any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers,
employees, subcontractors, consultants or agents in connection with the performance of the
Consultant's professional services, including without limitation the payment of all damages, expert
witness fees and attorneys' fees and other related costs and expenses. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers.
b. Except as provided for under Section 12(a) above, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all Claims in any manner
arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful
misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Consultant's services, the Project or this Agreement,
including without limitation the payment of damages, expert witness fees and attorneys' fees and
other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its officials, officers, employees, agents or
volunteers.
c. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises
out of Consultant’s performance of “design professional” services (as that term is defined under
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Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the
Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit
certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4
shall not apply to work performed on a public works project that is exempt pursuant to the small
project exemption specified in Labor Code Section 1771.4.
b. If 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 all subconsultants performing such services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. Notwithstanding the
foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and
1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the
small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
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including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. Any reuse by City of any such materials on any project
other than the Project which is the subject of this Agreement without Consultant's prior written
consent shall be at the sole risk of City and City agrees to hold harmless Consultant from all costs,
losses, and expenses, including reasonable attorneys’ fees, incurred as a result of any such use
or decision by City. City shall pay Consultant the reasonable value of services rendered for any
portion of the work completed prior to termination. If 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 other than the charges or
portions thereof which are specified herein. Consultant shall not be entitled to payment for
unperformed 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 thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original 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. Any reuse by City of any such
materials on any project other than the Project which is the subject of this Agreement without
Consultant's prior written consent shall be at the sole risk of City and City agrees to hold harmless
Consultant from all costs, losses, and expenses, including reasonable attorneys’ fees, incurred
as a result of any such use or decision by City.
19. Organization
Consultant shall assign Richard E. Barretto, P.E., as Project Manager. The Project
Manager shall not be removed from the Project or reassigned without the prior written consent of
the City.
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20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. 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: Paul Garcia, Associate Planner
CONSULTANT:
Linscott, Law & Greenspan, Engineers
2 Executive Circle, Ste. 250
Irvine, CA 92614
Attn: Richard E. Barretto, P.E.
and shall be effective upon receipt thereof.
22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any 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-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Entire Agreement
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 beenmade by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
25. Severability
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The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the remaining provisions unenforceable, invalid or illegal.
26. Successors and Assigns
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 obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Consultant agrees to exercise diligence in the performance of its services consistent with
the agreed upon project schedule, subject to the exercise of the professional standard of care for
performance of such services.
29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited Interests
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
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. 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 this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
31. Waiver of Consequential Damages
Neither party shall have any claim or right against the other, whether in contract, warranty,
tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or
consequential damages of any kind or nature whatsoever, such as but not limited to loss of
revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or
loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused,
even if same were reasonably foreseeable.
[SIGNATURES ON FOLLOWING PAGE]
February 26, 2021
Paul Garcia, Associated Planner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
949.443.6327
pgarcia@SanJuanCapistrano.org
LLG Reference: P2.21.0052
Subject:Revised Proposal to Provide a Focused Traffic Impact Analysis,
Parking Demand Analysis and Vehicle Miles Traveled (VMT)
Analysis Associated An In-N-Out Restaurant with Drive-Through
San Juan Capistrano, Orange County, California
Dear Mr. Garcia:
As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this
revised proposal to provide traffic engineering & planning consulting services associated
with the proposed In-N-Out Restaurant with Drive-Through project (hereinafter referred
as “Project”) located in San Juan Capistrano, Orange County, California. Pursuant to our
coordination efforts and review of the Scope of Work provided by the City dated
February 17, 2021, we understand that the preparation of a Focused Traffic Impact
Analysis, Parking Analysis and Vehicle Miles Traveled (VMT) Analysis are required as
part of the entitlement process for the proposed Project and the VMT analysis will be
included in the environmental document to be prepared for the Project.
The proposed Project site is generally located at the south of Ortega Highway and west
of Del Obispo Street and addressed as 31791 Del Obispo Street within the City’s
historic downtown. The Project site is approximately 1.797 acres and is currently
developed with an 11,292 square-foot (SF) restaurant occupied by Marie Callendar’s.
Bakery and Restaurant and a surface parking lot with 108 spaces. Access to the subject
property is now provided via a full access driveway on Del Obispo Street, where left-
turn ingress/egress is supported via an existing two-way left-turn lane.
EXHIBIT A
Paul Garcia
February 26, 2021
Page 2
P:\2021\P2210052 - In N Out Burger San Juan Capistrano\P2100052 - In N Out Burger, San Juan Capistrano TIA-Parking-VMT Proposal 02-26-21.doc
Based on the Project description, the Project involves developing the property with a
3,879 SF fast-food restaurant with drive-through with 68 parking spaces as a part of
Phase I of the site development. Phase II, which has not been defined as this time,
include a commercial user on the north end of the site with up to 12 parking spaces.
Access to the Project is expected to be continued to be provided via the site’s existing
full access driveway on Del Obispo Street.
This Focused Traffic Impact Analysis, Parking Analysis and Vehicle Miles Traveled
(VMT) analysis 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
City’s Municipal Code Section 9-3.512(d)1, and in consideration of the City’s parking
requirements, as well as the City’s VMT guidelines. For the purposes of this proposal,
the Focused Traffic Impact Analysis will focus on the Project’s traffic impacts at eight
(8) intersections inclusive of the Project Driveway, five (5) roadway segments and
Synchro Operational Analysis for one (1) roadway segment consisting of up to four (4)
intersections for the study area. With concurrence by City staff, historical traffic count
data will be used as the basis for establishing existing Year 2021 baseline conditions at
key study intersections, and supplemented with collection of driveway counts at
McDonalds, Carl’s Jr’s, and Chick-Fil-A during the afternoon and evening peak hours
(time periods to be determined).
The proposed Project’s Focused Traffic Impact Analysis, Parking Analysis and Vehicle
Miles Traveled (VMT) Analysis will satisfy the requirements of the City of San Juan
Capistrano. Given the above, and our overall sense and understanding of the issues, we
propose to do the following:
FOCUSED TRAFFIC IMPACT ANALYSIS AND PARKING ANALYSIS
SCOPE OF WORK
Task 1: Project Mobilization
1.1 Confirm the development description with the Client, work schedule, and
assumptions to be utilized in the traffic study and the VMT assessment,
presuming a qualitive analysis would be prepared due to project location in
downtown San Juan Capistrano. Discuss assumptions to be used associated
with the Project (Phase I) completion year and potential uses for Phase II of the
Project and confirm existing development totals of Marie Callendar’s (i.e. size
and number of seats). Obtain a current Project site plan that illustrates the
access scheme to the Project site in both hard copy and digital formats.
Paul Garcia
February 26, 2021
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1.2 Coordinate with City staff to discuss the Project and analysis criteria, confirm
the study approach and identify pertinent traffic issues and concerns, inclusive
of work task associated with gap analysis of Del Obispo Street between
Ortega Highway and Plaza Drive.
1.3 In conjunction with Task 1.2, prepare a Traffic Impact Analysis Report Scope
of Work Agreement detailing the study area, assumptions and overall traffic
study requirements, VMT analysis and submit it to City Staff for review.
1.4 Based on comments and direction received from City Staff on scope of work
agreement, finalize the scope of work agreement and resubmit it to City Staff
for approval.
Task 2: Data Collection and Research
2.1 Visit the Project study area to confirm existing conditions with respect to
existing site development, local area development, site access, parking use, and
areas of congestion in order to verify our overall understanding of traffic
conditions in the area that might affect this Project.
2.2 In conjunction with Task 2.1, document the existing roadway striping, traffic
control measures, curbside parking restrictions, adjacent intersection
configurations, and other pertinent roadway features.
2.3 Obtain existing street improvement plans/striping plans for key roadways in
the immediate vicinity of the Project site. Compile information with regards to
planned street improvements in the Project study area.
2.4 Research data and recent traffic impact studies prepared for developments in
the Project vicinity regarding the status of other proposed developments
(cumulative projects) in the area that may contribute cumulative impacts to
the adjacent street system and study locations in the vicinity of the proposed
Project. The compiled list of related projects will be forwarded for review and
approval by City Staff.
2.5 Research existing historical traffic count data at up to eight (8) key study
intersections located within the vicinity of the proposed Project. Based on
current conditions, due to COVID-19, the ability to collect traffic counts to
establish baseline conditions is not possible. As such, to establish existing
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“baseline” traffic conditions, pre-COVID-19, LLG had previously coordinated
with the City and researched historical data and was able to obtain Year 2018
counts at five (5) of the eight potential study locations1 listed below, and Year
2016 counts at also five (5) potential study intersections1. Given the
availability of historical data, LLG proposes establish pre-COVID-19 2021
traffic conditions by factoring the historical data by 0.5% per year per the
direction of the City.
Key Study Intersections
Historical Year 2018
Counts Available?
Historical Year 2016
Counts Available?
1.I-5 NB Ramps at Ortega Highway Yes Yes
2.I-5 SB Ramps at Ortega Highway Yes Yes
3.Del Obispo Street at Ortega Highway Yes Yes
4.Del Obispo Street at Camino Capistrano Yes Yes
5.El Camino Real at Ortega Highway No Yes
6.Del Obispo Street at Plaza Drive No No
7.Del Obispo Street at Project Driveway No No
8.Camino Capistrano at Ortega Highway Yes No
Subject to confirmation by City staff, the traffic analysis shall use recent (last 5
years) of traffic counts escalated to Year 2021 and supplemented with additional
traffic counts to establish a potential group factor for the locations where traffic
counts may not be available.
2.6 Research existing historical traffic count data at up to five (5) key study
roadways segments located within the vicinity of the proposed Project. Based on
information provided by the City, 2018 daily traffic counts are available for the
following five (5) study roadway segments. For comparison purposes, per te
request of the City, LLG will conduct 24-hour daily counts to document
existing 2021 traffic volumes.
Using the above information, LLG proposes to establish pre-COVID-19 2021
traffic conditions by factoring the historical data by 0.5% per year per the
direction of the City.
1 Year 2018 historical counts are referenced from the Tirdor Residential Development Project Traffic Impact analysis,
prepared by LSA in February 2020, whereas Year 2016 historical counts are from the Traffic Impact Analysis
Addendum for Kimpton Hotel Capistrano,prepared by LLG dated July 2016.
Paul Garcia
February 26, 2021
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1.Ortega between I-5 north and I-5 south ramps
2.Camino Capistrano between Ortega Hwy and Del Obispo
3.Del Obispo between Ortega Hwy and Camino Capistrano
4.Ortega Hwy between I-5 south ramps and Del Obispo
5.Ortega Hwy between Del Obispo and Camino Capistrano
Task 3: Trip Generation, Distribution and Assignment
3.1 Determine and present in tabular and/or graphic form a trip generation forecast
for the proposed Project (Phase I), inclusive of Phase II development on a daily
and peak hour basis. The forecasts will be based on the trip generation rates
found in Trip Generation, 10th Edition, published by the Institute of
Transportation Engineers (ITE) [2017]. Appropriate adjustments to the trip
generation potential of the Project to account for the existing land uses
(assuming fully functional restaurant), internal capture and/or pass-by traffic will
be made, if applicable.
3.2 Determine the overall Project trip distribution pattern. The distribution patterns
will be submitted for review and approval by City Staff prior to finalization and
will be used to formalize the study area.
3.3 Develop estimated trip generation projections for each of the cumulative projects
within the Project vicinity.
3.4 Assign the forecasted Daily, AM and PM peak hour trips expected to be
generated by the proposed Project to the study intersections and roadway
segments based on existing and anticipated traffic patterns to and from the
Project site, as well as the City traffic model select zone model runs for the
Project.
3.5 Distribute and assign cumulative projects traffic.
3.6 Forecast traffic volumes for the scenarios listed in Task 5.1 & 5.5 for the
proposed Project traffic and cumulative projects in the study area.
Task 4: Formulation of Future Traffic Volumes
4.1 Prepare City approved computer traffic model runs for baseline conditions and
buildout conditions for the Daily, AM and PM peak periods.
4.2 Project future traffic volumes using the following methodology:
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a.Peak period traffic volumes will be converted to peak hour (i.e., one-hour)
traffic volumes using a conversion factor of 0.38 for the AM peak hour and
0.28 for the PM peak hour;
b.Determine the projected rate of growth; and
c.Based on this determination, the growth rate will be applied to the existing
Daily, AM and PM peak hour traffic volumes in order to formulate the
interim phases and long-term buildout pre-Project traffic volumes, with
cumulative project traffic may be added as well.
4.3 Buildout traffic volume forecasts will also be determined through utilization of
the OCTAM 5.0 output via the following methodology:
a.Calculate the difference between the baseline and the Year 2045 buildout
peak period traffic volumes and convert to AM and PM peak hour (i.e., one-
hour) link traffic volumes;
b.Link traffic volumes (i.e., two-way directional traffic volumes on each
roadway segment) will be post-processed using the City approved “b-turns”
program and the relationship of the base year validation model run output to
the base year "ground" traffic counts.
Task 5: Project Evaluation and Mitigation Measure Analysis
5.1 Prepare weekday AM and PM peak hour Level of Service (LOS) calculations
at up to eight (8) key intersections, inclusive of the Project driveway, for the
following traffic conditions. The LOS calculations for key signalized
intersections within the City of San Juan Capistrano will be calculated using
the Intersection 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 Traffic Impact Analysis
Scenarios are listed below:
1.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 (6) With Improvements; if necessary.
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February 26, 2021
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Traffic signal cycle lengths and PHF used in any calculations shall be verified
prior to intersection calculations being performed.
5.2 Assess the impact of the Project based on the results of the peak hour
intersection analyses, the City’s LOS standards and application of the City’s
significance criteria. Based on this assessment, determine which intersections (if
any) will require improvements to mitigate potential traffic impacts associated
with the proposed Project to less than significant levels.
5.3 Provide recommended mitigation measures which may include intersection
and/or signalization improvements, striping modifications, the addition of
auxiliary turn lanes, traffic control/limitations at site access points, etc. Please
note that this proposal assumes the recommended mitigation measures can be
adequately described within the text of the report. Should the City request
preparation of plans to further demonstrate the feasibility of the mitigation
measures, an amendment to our contract will be necessary.
5.4 Calculate the net traffic increment (fair-share percentage) due to the Project at
the impacted intersections. Based on the required mitigation measures,
estimate the Project’s fair-share percentage towards the cost of the proposed
mitigation improvements.
5.5 Evaluate the weekday daily traffic impacts of the Project at up to five (5) key
study roadway segments based on the City's minimum "C" level-of-service per
the General Plan Growth Management Element. Midblock link capacity analyses
will be prepared for the following Traffic Impact Analysis Scenarios:
1.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 (6) With Improvements; if necessary.
It is noted that in support of AQ-GHG and Noise analyses, LLG will provide
future cumulative and buildout daily traffic volume conditions without and
with the Project.
Paul Garcia
February 26, 2021
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Evaluate potential weekday daily Project traffic impacts based on the City's
minimum "C" link level-of-service per the General Plan Growth Management
Element.
If the increment in weekday daily traffic is significant, then evaluate the study
link on a weekday AM and PM peak hour to determine if Project-related traffic
will have a significant impact on a roadway segment’s peak hour LOS.
Finally, if the increment in weekday peak hour traffic is significant, then
evaluate the study link on a weekday AM and PM peak hour basis using the
HCM method to determine if Project-related traffic will have a significant
impact on a roadway segment’s weekday peak hour LOS.
Task 6: Synchro Analysis
6.1 Using the Synchro Traffic Signal Coordination Software conduct an operational
analysis of one (1) key roadway segment (Del Obispo Street) which includes up
to six (6) signalized intersections in the City to determine the potential impact of
Project-related traffic.
Task 7: Parking Review and Site Access Evaluation, Alternative Site Plan
7.1 Prepare Level of Service (LOS) calculations at the Project driveway for the
scenarios listed below, inclusive of an afternoon peak hour assessment. The LOS
calculations will be based on City-approved capacity analysis methodologies
(i.e., Highway Capacity Manual method). The analysis scenarios are:
1.Existing With Project Traffic Conditions,
2.Near-Term With Project Traffic Conditions, and
3.Long -Term With Project Traffic Conditions
7.2 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), sight distance, ingress and egress safety
opportunities and constraints, adequate sight distances at Project driveway(s),
and pedestrian circulation. Evaluate on-site circulation with regard to truck
turning movements and passenger car conflicts, service/delivery access and
circulation layout, and internal intersection controls. Provide circulation
recommendations where necessary.
Paul Garcia
February 26, 2021
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7.3 Evaluate location of the proposed Project Driveway, including the effectiveness
of a single ingress/egress, driveway width, and possibility of restricting traffic
exiting In-N-Out to “right-turns only” onto Del Obispo Street.
7.4 Evaluate/Analyze the potential for a dedicated left turn lane and a dedicated
right-turn on Del Obispo at the project driveway. The left turn analysis will
include the potential impact to existing turn movements at the other existing
driveways on Del Obispo Street, particularly McDonalds (two driveways),
Carl’s Jr’s (two driveway), and Chick-Fil-A (two driveways).
In support of this analysis existing turning driveway counts at McDonalds,
Carl’s Jr’s, and Chick-Fil-A, as well as the existing site driveway will be
conducted during the weekday afternoon (11:30 AM – 1:30 PM) and evening
peak period (4:00 PM – 6:00 PM).
7.5 Conduct a drive-through queuing analysis for the proposed Project based on
existing studies/data accumulated from existing In-N-Out facilities in the
region as well as the programs developed by In-N-Out to control queueing.
7.6 Conduct a Gap Analysis on Del Obispo between Ortega Hwy and Plaza Drive
during the afternoon (11:30 AM – 1:30 PM) and evening peak periods (4:00
PM – 6:00 PM). A queuing analysis for eastbound Del Obispo shall be
conducted between the south I-5 ramps and Plaza Drive. Assess access to and
from the existing Fire Station driveway on Del Obispo Street.
7.7 Analysis of Alternate Site Plan – Conduct an analysis of a drive-through lane
that exits with right turn only to Del Obispo Street. It is assumed that the City
will provide LLG with the Alternative Site Plan to be evaluated.
Task 8: Preparation of the Traffic Impact Analysis, Parking, & Site Access Analysis
8.1 Prepare a traffic impact analysis and parking analysis report that details all of
the above-mentioned items, our analysis, findings and conclusions. The report
will be suitably documented with tabular, graphic and appendix materials. The
report will be submitted for your review and review by appropriate members
of the City Staff.
8.2 Coordinate with City Staff regarding questions and comments on the traffic
impact analysis and parking analysis report. If necessary, prepare a final
report incorporating reasonable comments (which are within the approved
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February 26, 2021
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scope of work and that no new data collection or additional analyses are
required) and edits from City Staff, in both hard copy and digital formats.
Per the City’s Scope of Work, the following products will be prepared and
submitted:
A.Three (3) hardcopies and a CD-R in MS Word format of the Screencheck
Draft TIA.
B.Three (3) hardcopies and a CD-R in MS Word format of the Draft TIA.
C. Five (5) hardcopies and a CD-R in MS Word format of the Final TIA.
Task 9: Attendance at Meetings
9.1 This proposal assumes preparation for and attendance by LLG at two (2)
meetings with City staff and/or equivalent virtual calls or conference calls.
This proposal allocates four (4) hours of preparation and participation by the
Project Manager at this meeting.
9.2 Prepare for and attend one (1) public meeting/hearing with the City of San Juan
Capistrano Planning Commission. This proposal allocates four (4) hours of
preparation and participation by the Project Manager at this meeting.
9.3 Prepare for and attend one (1) public meeting/hearing with the City of San Juan
Capistrano City Council. This proposal allocates four (4) hours of preparation
and participation by the Project Manager at this meeting.
VEHICLE MILES TRAVLED (VMT) ANALYSIS SCOPE OF WORK
Task 10: VMT (SB 743) Analysis Memorandum
10.1 Based on our preliminary review, the Project appears to screen-out of a full
VMT analysis. Based on this, LLG will conduct a detailed VMT screening
analysis based on the City’s Guidelines and provide recommendations.
10.2 Prepare a draft memorandum, which details the above-mentioned items, our
findings and conclusions. The memorandum will be suitably documented with
appropriate text, tabular, graphic, and/or appendix materials. The draft
memorandum will be submitted for your review and review by appropriate
members of the Project team and City staff.
Paul Garcia
February 26, 2021
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10.3 If necessary, update the draft memorandum based on Project team and City
staff comments, and submit a final VMT analysis memorandum to the City of
San Juan Capistrano.
FEE ESTIMATE
We estimate that our fee for the services outlined above in Tasks 1 through 13 will
not exceed $39,520.00 without your prior authorization. Our fees will be billed
monthly on a time-and-reimbursable expense basis according to the attached Fee
Schedule.
We estimate that our fee for the preparation of the Traffic Impact, Parking & Site
Access Analysis (Tasks 1 through 8, including intersection and driveway traffic
counts, gap analysis observations and the modeling support) will not exceed
$33,820.00. For Task 9, we request a budget of $3,200 for participation via
video/teleconferencing at two (2) meetings with the project team and one (1) Planning
Commission meeting and one (1) City Council meetings. Our fees for the services
outlined above in Task 10, all of which is associated with the VMT Analysis based on
the Project screening out, will not exceed $2,500.00.
See Table 1 and the text below for a detailed cost breakdown.
TABLE 1
PROJECT COST BREAKDOWN
Task Description Cost Estimate
"Traffic Impact Analysis Preparation (Tasks 1 – 9; including traffic
counts and modeling support) $33,820.00
Subtotal TIA Preparation (Tasks 1 –9) $33,820,00
"Attendance at two (2) City Staff Meetings (Task 9.1) $800.00
"Attendance at one (1) Planning Commission Meeting (Task 9.2) $800.00
"Attendance at one (1) City Council Meeting (Task 9.3) $1,600.00
Subtotal TIA Support (Task 10) $3,200.00
Total (Tasks 1 – 9): Traffic Impact Analysis Report $37,020.00
Total (Tasks 10): VMT Analysis Memorandum $2,500.00
Total Contract Amount $39,520.00
Paul Garcia
February 26, 2021
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TIME SCHEDULE
We estimate that the Screencheck Draft Traffic Report, inclusive of the VMT Analysis,
can be completed within five to six weeks after we receive written the notice to proceed
and completion of the traffic count program as required in the City’s Scope of Work and
identified in Task 2 and Task 7.
This time estimate assumes issues of direct impact (i.e. Project description, including
assumptions for Phase II of the Project development program) are well enough defined
to allow our analysis to proceed effectively. This schedule assumes that traffic counts
can be completed within the first week of authorization necessary on this Project. We
will make every effort to complete our work in coordination with your time frame.
ADDITIONAL SERVICES
Work items requested outside the Scope of Work outlined in this letter, such as
preparation of preliminary opinions of probable costs of recommended mitigation
measures, preparation of conceptual roadway improvement plans, additional analyses
and/or attendance at additional meetings or public hearing support may require a
contract amendment. No additional work will be performed without prior
authorization.
LIABILITY
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 $50,000.00 or Linscott, Law &
Greenspan, Engineers’ total fee for the services rendered on this project, whichever is
greater.
Paul Garcia
February 26, 2021
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PROPOSAL ACCEPTED FOR TASKS 1 THROUGH 10 AS OUTLINED
ABOVE FOR A FEE NOT TO EXCEED $39,520.00 WITHOUT PRIOR
AUTHORIZATION.
(Authorized Agent) (Title)
(Firm) (Federal I.D. #)
(Address) (Date)
If you would like to receive the invoices electronically via email in PDF format,
please provide the information for the Project Manager or Accounts Payable
below.
(Name) (Title)
(Email) (Telephone)
FEE SCHEDULE
Effective January 1, 2020
TITLE PER HOUR
Principals
Principal Engineer ..............................................................................................$ 268.00
Associate Principal Engineer .............................................................................$ 240.00
Planning/Design Manager ..................................................................................$ 224.00
Transportation Engineers
Senior Transportation Engineer .........................................................................$ 198.00
Transportation Engineer III ................................................................................$ 175.00
Transportation Engineer II .................................................................................$ 148.00
Transportation Engineer I ..................................................................................$ 127.00
Transportation Planners
Senior Transportation Planner ...........................................................................$ 175.00
Transportation Planner III ..................................................................................$ 148.00
Transportation Planner II ...................................................................................$ 127.00
Transportation Planner I ....................................................................................$ 113.00
Technical Support
Engineering Associate II ....................................................................................$ 126.00
Engineering Associate I .....................................................................................$ 122.00
Engineering Computer Analyst II ......................................................................$ 120.00
Engineering Computer Analyst I .......................................................................$ 95.00
Senior CADD Drafter ........................................................................................$ 122.00
CADD Drafter III ...............................................................................................$ 113.00
CADD Drafter II ................................................................................................$ 100.00
CADD Drafter I .................................................................................................$ 86.00
Senior Engineering Technician ..........................................................................$ 122.00
Engineering Technician II ..................................................................................$ 113.00
Engineering Technician I ...................................................................................$ 86.00
Word Processor/Secretary ..................................................................................$ 80.00
Engineering Aide I .............................................................................................$ 61.00
Public Hearing and litigation support may be charged at 125% of the base rate. Consultation in connection with
litigation and Court appearances will be quoted separately.
Project-related mileage will be billed at the prevailing standard mileage rate as determined by the IRS.
Subcontractors and other project-related expenses will be billed at cost plus 15%.
The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates.
Interim and/or monthly statements will be presented for completed work. These will be due and payable upon
presentation unless prior arrangements are made. A finance charge of 1.5% may be charged each month on the
unpaid balance.