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22-0215_LG2WB ENGINEERS, INC._Amd 2 to Professional Services AgreementAMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LG2WB ENGINEERS, INC., A CALIFORNIA CORPORATION, DBA LINSCOTT, LAW & GREENSPAN ENGINEERS Parties and Date. This Amendment No. 2 to the Professional Services Agreement is made and entered into as of this 164" day of r 2022, by and between the City of San Juan Capistrano, a municipal organization organizdd 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 Executive Park, Ste. 250, Irvine, CA 92614 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Consultant entered into an agreement entitled "Professional Services Agreement" dated March 15, 2021 ("Agreement") for the purpose of preparation of a Focused Traffic Impact Analysis, Parking Analysis and Vehicle Miles Traveled (VMT) Analysis. 2.2 Amendment No. 1. On July 26, 2021, the City and Consultant entered into Amendment No. 1 to the Agreement ("Agreement No. I") to include additional scope of work and increase the not -to -exceed compensation amount as reflected in Exhibit B, attached thereto. 2.3 Amendment No. 2 Purpose. The City and Consultant further desire to amend the Agreement for the second time to include additional scope of work and increase the not -to -exceed compensation amount as reflected in Exhibit C, attached hereto and incorporated herein by reference. 2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3 of the Agreement. Terms. 3.1 Amendment to Section I. Services. Section I. Services of the Agreement is hereby amended in its entirety to read as follows: Page I of 3 61147.02100 V 4464451 I Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A," and the supplemental Scope of Work described in the Scope and Budget Letter attached hereto as Exhibits `B" and "C." 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 "A," and the supplemental task budget set forth in the Scope and Budget Letter attached hereto as Exhibits `B" and "C." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of 5107,520. 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. 3.3 Continuing Effect of Agreement. Except as amended by Amendment No. 1 and this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties. 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 Amendment No. 1 and this Amendment No. 2. 3.4 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. 3.5 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 of 3 61147.02100\24464451.1 SIGNATURE PAGE FOR AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND LG2WB ENGINEERS, INC. A CALIFORNIA CORPORATION, DBA LINSCOTT, LAW & GREENSPAN ENGINEERS CITY OF SAN JUAN Approved By,,,-' Ve ja sr ieij City Manager ZL Date 22 Att b I dCy ier M orris, City 9ferk LG2W6 Engineers, Inc., a California corporation, dba Linscott, Law & Greenspan Engineers Signature Richard E. Barretto, P.E. Name Principal Title February 9, 2022 Approved As To Form: Date City Attorney Page 3 of 3 61147.02100\244644511 EXHIBIT C February 4, 2022 Engineers&Planners Traffic Paul Garcia, Associated Planner Transportation City of San Juan Capistrano Parking 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Linton, Law& 949.443.6327 Greenspan, Engineers pizarciaC,?)SanJuanCapistrano.org 2 Eeecuhve Circle Suite 250 Irvine. CA 92614 LLG Reference: P2.21.0244 M.825.6175r 949855939 r Subject: Proposal to Provide a Focused Traffic Impact Analysis For An Irl wwvv llgengineers corn Out Restaurant with Drive -Through San Juan Capistrano, Orange County, California Pasadena Irvine Dear Mr. Garcia: San Diego Woodland Hills As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this proposal to provide continuing traffic engineering & planning consulting services for an expanded scope of 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. This proposal is associated with additional services requested by the City to ensure that the potential traffic impacts associated with the Project are fully vetted and evaluated on the circulation system in downtown San Juan Capistrano. The additional scope of services requested are not typical of what would be disclosed in a traffic impact study, but were necessary for "transparency". The scope of service addressed the the City's request to collect additional traffic volume data as a supplement and to document "existing 2021" conditions, as well as evaluate the additional data in comparison to traffic volume data collected "Pre-Covid" and conduct additional analyses and provide traffic engineering support at the direction of City that was outside the approved scope of work. The additional scope of services also includes the addition of a third analysis period, the "school" peak period (2:00 PM to 4:00 PM) to be incorporated into the final Plt'ka A- Law, to PEttaensi William A Lew, PE uazbmial traffic impact analysis. All services noted herein have already been provided at the Jack Greenspan. PElenl direction of the City. Paul W Wilkinson, PE lane John P Keating, PE Given the above, and our overall sense and understanding of the issues, as well as our David S. shemim.. PE coordination efforts with City staff over the several months, we will complete the John A Boorman, PE following additional services: clam M. i ockJaegm,, PE Richard E. Barren. PE Kill D. Maherrv, PE Walter S. Musial, PE Kalvan C. Yellapu. PE an �sTva Camarm E,unMVM Paul Garcia February 4, 2022 Page 2 SUPPLMENTAL TRAFFIC IMPACT ANALYSIS SCOPE OF WORK Task l: Data Collection 1.1 Conduct 24-hour daily traffic counts at the following five (5) key study roadway segments located within the vicinity of the proposed Project. The traffic counts will be collected over a three-day period on a Tuesday, Wednesday, and Thursday. The traffic counts have been collected on September 14, 15 and 16, 2021: 1. Ortega Highway, between Camino Capistrano and Del Obispo Street 2. Ortega Highway, between Del Obispo Street and I-15 Southbound Ramps 3. Ortega Highway. between 1-5 Southbound Ramps and 1-5 Northbound Ramps 4. Camino Capistrano, between Ortega Highway and Del Obispo Street 5. Del Obispo Street, between Ortega Highway and Camino Capistrano 1.2 Review "2021" daily traffic counts and compare information with traffic data collected previously. Identify change in volume, with a focus to Midday, School, and PM peak periods. Work collaboratively with City staff on review of traffic counts and prepare bar charts to illustrate a comparison with Pre-Covid traffic data. 1.3 Document the comparison the 24-hour traffic volume data and submit information to the City for review and further direction to determine if the need to collect "Year 2021" peak period traffic counts at the eight (8) key study intersections is warranted, and subsequently if a complete update to the screencheck draft traffic analysis is necessary. 1.4 As a supplement to the current analysis periods, conduct School peak period (1:30 PM to 4:00 PM) traffic counts at the following eight (8) key study intersections located within the vicinity of the proposed Project. The traffic counts have been collected on September 14, 15 and 16, 2021: 1. Camino Capistrano at Ortega Highway 2. EI Camino Real at Ortega Highway 3. Del Obispo Street at Ortega Highway 4. 1-5 SB Ramps at Ortega Highway 5. 1-5 NB Ramps at Ortega Highway 6. Camino Capistrano at Del Obispo Street 7. Plaza Drive at Del Obispo Street 8. Del Obispo Street at Project Driveway Paul Garcia February 4, 2022 Page 3 1.5 Conduct trip generation observations from 11:30 AM to 6:00 PM for both a Thursday and a Friday at two (2) existing In -N -Out Burger locations in the vicinity of the proposed Project. 1.6 Based on the trip generation observations, develop existing In -N -Out Burger trip generation rates to supplement prior data and for use in forecasting the proposed Project trip generation forecast. 1.7 As a supplement to the current analysis periods, research historical School peak period (1:30 PM to 4:00 PM) traffic counts as well as video data at the following seven (7) existing driveway locations along Del Obispo Street located within the vicinity of the proposed Project for the Gap Analysis. The traffic counts have been collected on April 14, 2021: 1. Del Obispo Street at Marie Callendar's Driveway 2. Del Obispo Street at McDonald's Driveway 1 3. Del Obispo Street at McDonald's Driveway 2 4. Del Obispo Street at Carl's Jr. Driveway 1 5. Del Obispo Street at Carl's Jr. Driveway 2 6. Del Obispo Street at Chick-fil-A Driveway 1 7. Del Obispo Street at Chick-fil-A Driveway 2 1.8 Conduct a Gap Analysis on Del Obispo between Ortega Hwy and Plaza Drive during the School peak period (2:00 PM — 4:00 PM) to supplement previously collected data. Task 2: Traffic Impact Analysis Update 2.1 Assign the forecasted Midday and PM peak hour trips expected to be generated by the proposed Project to the study intersections and roadway segments based on updated trip distribution pattern for the purpose of developing Existing Plus Project traffic conditions. 2.2 Distribute and assign updated cumulative projects traffic for the purpose of developing Cumulative Plus Project traffic conditions. 2.3 Forecast updated traffic volumes for the scenarios listed in Tasks 2.4 and 2.6 for the proposed Project traffic and cumulative projects in the study area. 2.4 Prepare updated weekday Midday and PM peak hour Level of Service (LOS) calculations at the eight (8) key intersections, inclusive of the Project ,, , _ ,. 1 .. , .. _ y., Paul Garcia February 4, 2022 Page 4 driveway, for the following traffic conditions using "2021 Existing Traffic" for Baseline Conditions. The Traffic Impact Analysis Scenarios are listed below: 1. Existing Traffic Conditions, 2. Existing Plus Project Traffic Conditions, 3. Existing Plus Project Plus Cumulative Traffic Conditions, 4. Existing Plus Project Plus Buildout Traffic Conditions. 2.5 Assess the impact of the Project based on the updated 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. 2.6 Evaluated the updated weekday daily traffic impacts of the Project at the five (5) key study roadway segments. Midblock link capacity analyses will be prepared for the following Traffic Impact Analysis Scenarios: I. Existing Traffic Conditions, 2. Existing Plus Project Traffic Conditions, 3. Existing Plus Project Plus Cumulative Traffic Conditions, 4. Existing Plus Project Plus Buildout Traffic Conditions. 2.7 Using the Synchro Traffic Signal Coordination Software conduct an updated operational analysis of one (1) key roadway segment (Del Obispo Street) which includes up to three (3) signalized intersections in the City to determine the potential impact of Project -related traffic during Midday peak hour and PM peak hour. 2.8 Prepare a revised draft traffic impact study in report format that details all of the above-mentioned items, our analysis, findings, and conclusions. The draft report addendum will be suitably documented with tabular, graphic and appendix materials. The revised draft traffic study will be submitted for your review and review by appropriate members of the project team, as well as City staff. Task 3: Preparation of Conceptual Improvement Plans 3.1 Design and prepare three (3) conceptual improvement plans for the Project driveway with a southbound right -turn lane in and appropriate median designs for all proposed site access options. Paul Garcia February 4, 2022 Page 5 3.2 Design and prepare three (3) additional conceptual improvement plan options which assess the potential impacts associated with the relocations of the existing site driveway to align with the existing McDonald's driveway to minimize turning conflict and queuing in the existing two-way left -tum lane; additional options assessed internal circulation and impacts to parking layout. Task 4: Formulation of Future Traffic Volumes 4.1 Assign the forecasted School 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 based on a review of current data and supplemental data. 4.2 Forecast cumulative projects School peak hour trips, distribute and assign to the adjacent street system. 4.3 Forecast traffic volumes for the scenarios listed in Task 5.1 for the proposed Project traffic and cumulative projects in the study area. Task 5: Proiect Evaluation — School Peak Hour 5.1 Prepare weekday School peak hour Level of Service (LOS) calculations at the 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: I. Existing Traffic Conditions, 2. Existing Plus Project Traffic Conditions, 3. Existing Plus Project Plus Cumulative Traffic Conditions, 4. Existing Plus Project Plus Buildout Traffic Conditions. 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. _ ol:...:, Paul Garcia February 4, 2022 Page 6 Task 6: Synchro Analysis — School Peak Hour 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 three (3) signalized intersections in the City to determine the potential impact of Project -related traffic during the School peak hour. Task 7: Preparation of the Traffic Impact Analysis 7.1 Prepare a draft traffic impact study in report format that details all of the above- mentioned items, specifically as it relates to the ADT comparative evaluation and School peak hour assessment, our analysis, findings, and conclusions. The draft report will be suitably documented with tabular, graphic and appendix materials. The traffic study will be submitted for your review and review by appropriate members of the project team, as well as City staff. 7.2 Revise the traffic report to address City comments on draft traffic study dated October 12, 2021, and submitted report to the City. Based on additional comments and expanded scope of work received from the City, submitted to the updated traffic report to the City on November 2, 2021 and November 19, 2021 for final review. 7.3. Based on final comments from the City, revised the traffic report and submitted final traffic impact study to the City of San Juan Capistrano on December 21, 2021 for approval. The traffic impact study included all tabular, graphic and appendix materials. Task 8: Project Coordination/Virtual Meetings/As-Requested Additional Services 8.1 This proposal assumes preparation for and attendance by LLG at project team and/or City coordination meetings, inclusive of preparation of additional traffic information per the request of the City and in support to addressing traffic -related concems/comments that may need to be addressed at the public hearings. The Project team coordination was handled via conference calls and/or video conferencing. This task includes of participation by the Principal Engineer and Project Manager. Task 9: Public Hearing Attendance by additional LLG Staff 9.1 This task includes the attendance at two (2) public hearings (in-person or virtual) at the City of San Juan Capistrano with the Planning Commission (1) and City Council (1) by additional staff to support the Principal Engineer. This proposal included attendance by the Project Manager and Project Engineer at each of these public meetings. Paul Garcia February 4, 2022 Page 7 FEE ESTIMATE We estimate that our fee for the services outlined above in Tasks I through 9 will not exceed $63,500.00 without your prior authorization. Our fees will be billed monthly on a time -and -reimbursable expense basis according to the attached Fee Schedule. Expansion of services beyond this initial budget estimate will necessitate an increase to this budget maximum, with the additional services performed in response to your specific request. See Table 1 and the text below for a detailed cost breakdown. TABLE I PROJECT COST BREAKDOWN • ADT Data Collection, School peak period traffic counts at study intersections and driveways, additional In -N -Out Trip Generation $10.760.00 observations, and Evaluation of Traffic Data • Preparation of Updated TIA/Address City Comments $12,500.00 • Preparation of Conceptual Improvement Plans $6,500.00 • School peak period LOS Analysis for the roadway segments (V/C) and intersections for both ICU and HCM methodologies, including $5,240.00 Synchro Analysis • Preparation of Final TIA $12,500.00 • Coordination/Virtual Meetings/As-Needed Traffic Support $12,500.00 • Preparation and Attendance at Public Hearings $3,500.00 Updated TIA Preparation, Final TI.4 Preparation and Traffic Support as $63,500.00 required by the City (Tasks I — 9)