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)