20-1207_PLACEWORKS_Agenda Report_F16City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Benjamin Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Director
PREPARED BY: Paul Garcia, AICP, Associate Planner
DATE: December 7, 2020
SUBJECT: Third Amendment to the Professional Services Agreement with
Placeworks for the Preparation of an Environmental Impact Report
for the Proposed “Creekside Specific Plan Residential Development
Project” Located at 30700 Rancho Viejo Road (Property Owner: SA
Cosman & Damian LLC)(Applicant: Integral Partners Funding, LLC)
RECOMMENDATION:
Approve and authorize the City Manager to execute Amendment No. 3 to the Professional
Services Agreement with Placeworks for the preparation of an Environmental Impact
Report, pursuant to the California Environmental Quality Act (CEQA), at a cost not-to-
exceed $330,553, to be funded by the applicant.
DISCUSSION/ANALYSIS:
On September 3, 2019, the City and Placeworks entered into a Professional Services
Agreement (PSA) for the preparation of an Environmental Impact Report (EIR) for the
proposed Creekside Specific Plan Residential Project, at a cost not-to-exceed $244,437.
A copy of the PSA is provided as Attachment 1. Subsequently, Amendment No. 1 to the
PSA (Attachment 2) was approved by the City Council on February 4, 2020, which
increased the cost of Placeworks’ scope of work from $244,437 to $284,553. On
September 1, 2020, Amendment No. 2 to the PSA (Attachment 3) was approved by the
City Council which increased the cost of Placeworks’ scope of work from $284,553 to
$309,553. It has recently been determined that the PSA’s budgeted amount needs to be
augmented due to increased work performed by Placeworks related to the project’s EIR.
This budget augmentation constitutes Amendment No. 3 (Attachment 4) which would
increase the cost of Placeworks’ scope of work from $309,553 to $330,553. The Applicant
supports the proposed PSA amendment.
12/7/2020
F16
City Council Agenda Report
December 7, 2020
Page 2 of 2
FISCAL IMPACT:
There is no fiscal impact to the City. The cost to prepare the proposed project’s EIR,
including the additional scope of work related to this PSA amendment, will be solely
funded by the project Applicant.
ENVIRONMENTAL IMPACT:
In accordance with CEQA, the recommended action is exempt from CEQA per Section
15061(b)(3), the general rule that the CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment, the activity is not subject to CEQA. Amending the PSA with
Placeworks to prepare additional tasks would not be an activity with potential to cause
significant effect on the environment, and therefore is exempt from CEQA.
PRIOR CITY COUNCIL REVIEW:
• On September 1, 2020, the City Council approved and authorized the City
Manager to execute Amendment No. 2. to the PSA with Placeworks.
• On February 4, 2020, the City Council approved and authorized the City Manager
to execute Amendment No. 1. to the PSA with Placeworks.
• On September 3, 2019, the City Council approved and authorized the City
Manager to execute a PSA with Placeworks to prepare an EIR for the proposed
Creekside Specific Plan Residential Project.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Interested Parties Notification List
Integral Partners Funding, LLC
Placeworks
ATTACHMENT(S):
Attachment 1 – September 3, 2019, PSA with Placeworks
Attachment 2 – Amendment No. 1 to PSA with Placeworks
Attachment 3 – Amendment No. 2 to PSA with Placeworks
Attachment 4 – Proposed Amendment No. 3 to PSA with Placeworks
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into ^"ot
U$4WW Ø,2}1gby and between
theCityofSañJuanCapistrano,apublicagencyorgilandoperatingunderthelawsofthe
State of California with its principal place of business at 32400 Paseo Adelanto, San Juan
Capistrano, CA 92675 ("City"), and Placeworks, a California Corporation with its principal place
of business at 3 MacArthur Place, Suite 1100, Santa Ana, CA 92707 (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 an environmental document for the Creekside Specific Plan Residential
Development Project (GPA 18-004) (hereinafter referred to as "the Project").
B
services.
Consultant is duly licensed and has the necessary qualifications to provide such
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. 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 "8."
b. ln no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $244.437. 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. AdditionalWork
lf changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be fon¡varded to the City by Consultant with a
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ATTACHMENT 1
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City 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. Time of Performance
Consultant shall perform its services in a prompt and timely manner within the term of this
Agreement 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. Delavs in Performance
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the 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. lf 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. lf 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. Assiqnment 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. lndependentContractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. lnsurance. 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. ln
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a Commercial General Liabil itv
(i) The Consultant shalltake out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability lnsurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) lnsurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(i¡i) Commercial General Liability lnsurance must include coverage
for the following
(1) Bodily lnjury and Property Damage(2) Personal lnjury/Advertising lnjury(3) Premises/Operations Liability(4) Products/CompletedOperationsLiability(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) lndependentConsultantsCoverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
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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 Liabilitv
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability lnsurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as lnsurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(¡i¡) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(¡v) 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'Comoens mnlover's Liabilitv
(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.
(¡i) 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 lnsurance Act," Division lV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers' compensation coverage of the same type and limits as
specified in this section.
d. Professional Liabilitv (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 endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against 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 Policv Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Sinqle Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 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)
(¡i) Defense costs shall be payable in addition to the limits.
(i¡i) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional lnsured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent)
signed by the insurer's representative and Certificate of lnsurance (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. Policv 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. lf 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 lnsured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a 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, and volunteers or shall specifically 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. Qualifvino lnsurers
(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:Vll and admitted to transact in the
business of insurance in the State of California, or othenruise allowed to place insurance
through surplus line brokers under applicable provisions of the California lnsurance Code
or any federal law.
Additional lns nce 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 othenruise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indem nification.
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(ii) lf 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. ln 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 lnsurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract untilthey 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. lf requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. lndemnification.
a. To the fullest extent permitted by law, Consultant shalldefend (with counsel
of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any 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 all damages, expert witness fees
and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. lf Consultant's obligation to defend, indemnify, and/or hold harmless arises
out of Consultant's performance of "design professional" seryices (as that term is defined under
Civil Code section 2782.8), then, and onlytothe extent required by Civil Code section2782.8,
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
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("Prevailing Wage Laws"). lf 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. lt 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. lf the services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such services must be registered with the
Department of lndustrial 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 lndustrial Relations. lt shall be Consultant's sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of lndustrial 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 lndustrial Relations
against Consultant or any subcontractor.
14.Verification of Em ent Flioibilitv
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,
including, but not limited to, the lmmigration Reform and ControlAct 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 a nd Venue
This Agreement shall be interpreted in accordance with the laws of the State of California.
lf any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Orange, State of California.
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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. ln 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. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. lf said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
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 fullfor the services described in this
Agreement, be furnished to and become the property of the City.
19. Orqanization
Consultant shall assign William Halligan, Esq. as Project Manager. The Project Manager
shall not be removed from the Project or reassigned without the prior written consent of the City.
20. Limitation of Aoreement.
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:
CIÏY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Paul Garcia, Associate Planner
CONSULTANT:
Placeworks
3 MacArthur Place, Suite, 1100
Santa Ana, CA 92707
Attn: William Halligan, Esq.
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and shall be effective upon receipt thereof
22. Third Partv Riqhts
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Equal Ooportunitv Emplovment.
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 Aqreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
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
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 Assiqns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each Party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or 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
Time is of the essence for each and every provision of this Agreement.
29. Citv's Riqht to Emolov Other Consultants
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City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
30. Prohibited lnterests
Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
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.
ISTGNATURES ON FOLLOWTNG PAGEI
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SIGNATURE PAGE F'OR PROFESSIONAL SERVICES AGREEMANT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND PLACEWORKS
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
Benjamin Siegel
City Manager Its:Se<.,¡<
Printed N l4 ¡^
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
P
By:
1n
6l l4?.003 r 0\32288720. I
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGR.EEMENT
BETWEEN CITY OF SAN JUAN CAPISTRANO
AND PLACE\ryORKS
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPI RANO PLACEWORKS
By:
el
City ag
ATTEST
APPROVED AS TO FORM
By:
City
By
Its
Printed N
By
erk
6 I 147.003 I 0\32288720.1
12
EXHIBIT A
PLACETíORKS
August 22,2OI9
Joel Rojas, Director of Development Services
Cìty of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA92615
Subject: Proposal to Provide Environmental lmpact Report and Technical Services for Creekside Specific Plan
Residential Development Project in San Juan Capistrano (P2019-0223S)
Director Rojas:
Thank you for the opportunity to propose our environmental and technical services for Creekside Specific Plan Project
(proposed project) in the C¡ty of San Juan Capistrano. We understand your objective for defensible environmental
documentation and your desire to move forward with the proposed project in a timely and thorough manner. We will
ensure that all documentation complìes with the applicable provisions of state law (i.e., CEQA, tribal
consultation/coordination under Assembly Bill 52) and the City's requirements for implementation of CEQA.
It is our understanding that the City Council has inìtiated a General Plan amendment study to allow a residential
development project on a 15-acre property at 30700 Rancho Viejo Road (Assessor's Parcel Number 650-111-15) and
determined that an env¡ronmental impact report (ElR) would be the appropriate environmental documentation for
the proposed project. Based on our review of information and our understanding ofCEQA, we agree thatthe proposed
project should be processed with an EIR. lt is our understanding that no technical reports have been prepared for the
proposed project.
We believe that PlaceWorks' team has the experience and expertise to successfully prepare and process the
documentation for CEQA clearance for the proposed project. Key staff and resources are proposed: William Halligan,
Esq., Principal, will serve as princìpal-in-charge and be responsible for overall legal defensibility and quality control of
the environmental and technical documents. Bill will be assìsted by Elizabeth Kim, SeniorAssociate, with the day-to-
day project management of the project team and overaìl preparation of the ElR. Elizabeth has over 17 years of
experience in preparing and managing various CEQA documentatìon. The project team will be supported by our in-
house technical experts, design and graphics team, and technical editing and clerical staff.
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of su bmitta l. As Principa l, Environmental Services,
I am authorized to bind PlaceWorks and the project team to the contents of this proposal.
We look forward to working with you to bring about the successful completion of this project. lf you have any
quest¡ons regarding the contents of this proposal, please feel free to contact the undersigned.
Res pectfu lly su bmitted,
PIACEWORKSytu
William Halligan, Esq.
Managing Principal, Environmental Services
3MacArthurPlace,Suile1100iSantaAna,California977t7|714.966.922tiPlaceWorks.cotl
PLACETUORKS
Underslonding of the Project
PROJECT LOCATION
The proposed project would be developed on a 15.3-acre site in the City of San Juan Capistrano that currently is
developed with a one-level industrial building, previously used for manufacturing by the Endevco Corporation. The
building is at 30700 Rancho Viejo Road, at the southeast corner of Rancho Viejo Road and Malaspina Road. The project
site is currently accessed via two driveways from Rancho Viejo Road and a driveway from Malaspina Road.
EXISTING USE
The project site is developed with 123,000 square feet of vacant building and assocìated surface parking lot,
driveways, and walkways. The building has been vacant since 2013, and has been an ongoing source of code
enforcement issues related to graffiti, poorly maintained vegetation, illegal dumping, and unauthorized entry.
SURROUNDING USES
The project site is surrounded by general open space to the north and northeast; industrial park to the north; single-
family detached resìdential to the east and southeast with a medium density (LU 2.3 MD) and medium low density
(LU 2.2 MLD); and office/industrial use to the south (i.e., Fluidmaster lnc.). The east medium density and the southeast
medium low density residential areas are zoned PC (CDP86-4) with a density of 3.6 to 5.0 units per acre and 2.1to 3.5
units per acre, respect¡vely. Beyond the medium density and medium low density residential uses is a golf course use
designated as open space recreation. lnterstate 5 is south of Rancho Viejo Road. Beyond open space area to the north
and northeast is Malaspina Estates, a very low density residential (LU 2.0 VLD) area with a maximum density of 0.4
un¡t per acre and minimum lot area of 2.5 acres.
PROJECT DESCRIPTION
The Applicant for the proposed project, lntegral Communities, is proposing to demolish the existing 123,000-square-
foot building and redevelop the l-5.3-acre project site w¡th up to 188 residential units.
The proposed project would construct 63 detached units on cottage lots (2,072 square feet), 51" detached units on
traditional lots (2,460 square feet), and 74 attached townhomes (13 buildings), for a total of 188 units.
Detached residential units would be placed on approximately 8.85 acres along Rancho Viejo Road with a density of
l-2.88 units per acre, and townhomes would be placed near the eastern edge of the site near the rear slope on 3.95
acres with a density ol 1,8.7 units per acre. We understand that the density of different housing types may change
upon further development of the project.
The proposed project would require the following discretionary actions from the City Council
> General PIan Amendment to change the General Plan land use designation from lndustrial Park to Specific
Plan/Precise Plan.
) ZoneChangefromlndustrìal ParktoSpecificPlanthatallowstheApplicanttocreatealanduseplanfortheproject
site.
) Architectural Control for construction of the proposed project
) Tentative Map approvalfor all subdivision creating five or more lots.
> Grading Plan Modificat¡on to change ground elevation for primary structures of two feet or greater from what was
previously approved.
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> TreeRemoval Permitisrequiredtoremovetreeswithtrunkdiametersgreaterthansixinchesmeasuredthree
feet above grade.
Scope of Work
The following scope of work has been prepared in accordance wìth the City's expectat¡on and our understanding of
the proposed project pursuant to CEQA. Our scope of work assumes that PlaceWorks will provide comprehensive
environmental services and all the procedural steps needed for CEQA, including the initial study, technical studies
needed to support the ElR, noticing requirements, responses to comments, statement of overriding considerations (if
needed), and findings. The EIR will address all potential impacts and provide m¡t¡gation measures if necessary and
where feasible.
TASK 1. PROJECT INITIATION AND KICK-OFF
Underthis task, PlaceWorks' PM and the PIC will partìcipate rn a project initiation/kick-off meeting with City staff, the
Applicant, and the project team to dìscuss the proposed project and the project objectives; identify any data needs
and gaps; and confirm the project approach, scope, and schedule. Forthe meet¡ng, we will initiate a discussion of the
project's potential issues and opportunities as observed by City staff. Based on the discussion, PlaceWorks will prepare
a comprehensive project description that includes all information required to define the project for CEQA and will
circulate the description for input.
Deliverable(s):. Project Description. Kick-off meeting attendance
TASK 2. TECHNICAL REPORTS
It is expected that the Applicant will provide the following technical reports for review and incorporation into the ElR.
We also assume that the Applicant's engineers, archìtects, and/or construction manager will provide the following
data to accurately define project descript¡on so that we can adequately evaluate impacts associated with the proposed
project.
> Conceptual Site Plan, Landscape Plan, Grading Plan, and Bullding Elevations/Sections/Renderings
> Existing conditions plans
) Construct¡on related data (e.g., overall schedule, phasing schedule, constructìon equipment mix list per each
construction phase, soils haul volume, etc.)
> Hydrology and Water Quality Tech Memo
) Water and Sewer CapacityTech Memo
It is our understanding that although a geotechnical report has not been prepared, LGC Geotechnicalis working with
the Applicant to prepare a report. We assume that this report will be available for review by PlaceWorks, and a
separate scope of work was not included in this proposal. PlaceWorks will review the geotechnical report prepared
by LGC for adequacy and coordinate with the City andlor LGC for supplemental information or clarification for
purposes of CEQA applicability,
PlaceWorks and its subconsultants will prepare the following technical analyses/studies (Tasks 2.1 through 2.8) in
su p port of the E I R.
> Air Quality and Greenhouse Gas lmpact Analysis (PlaceWorks)
Augusl22,2019 | Page 3
PLACEWORKS
> Biological Constraints Survey (Cadre Environmental)
> Specimen Tree Report (Dudek)
> Cultural Resources Records Search (Cogstone)
> Phase I Environmental Assessment (PlaceWorks)
> Noise lmpact Analysis (PlaceWorks)
> Traffic lmpact Analysis (Urban Crossroads)
Task2.1 Visual-AestheticSimulationAnalysis(Placeworks)
PlaceWorks' in-house graphic designer will create up to five visual simulations to adequately evaluate the potentìal
aesthetic and visual character ¡mpacts of the proposed project on the surrou nding commu nity. The five va ntage points
will be selected in coordination with City staff and based on public input.
A digital mass model of the site will be created based on building elevations of the proposed development. The
informatìon from the digital mass model will be superimposed onto photographs of the exlsting site to accurately
portray the proposed buildings and the change in visual character of the site. The simulations will be presented as
"before and after" graphics. To complete this task, it is assumed that the project applicant will provide CAD files of
the site plan from the architect and GIS data from the City. Once completed, the visual simulations will be provided
as graphics in the Aesthetics sect¡on of the lnitialStudy and/or ElR.
Deliverable(s):. Visual simulations, to be included as exhibits in the lnitial Study and/or EIR
Task2.2 Air Quality and Greenhouse Gas Emissions Analysis (PlaceWorks)
PlaceWorks will prepare a technìcal analysis to evaluate potential air quality and GHG emissions ¡mpacts associated
with the proposed project. lmpacts will be based on the current methodology of the South Coast Air Quality
Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB). Modeling will be conducted
using the California Emissions Estimator Model (CalEEMod) and will be included as an appendix to the DEIR.
> Construction Phase: PlaceWorks will estimate construction emissions from demolition of the former Endevco
Corporation building and development of the proposed land uses. The construction-phase regional emissions
inventory will be based on the construction schedule, includìng duration for each construction subphase,
anticipated equipmentforeach subphase, and estimated soil haulvolumes (if applicable) and demolition debris
amount, as provided by the Applicant. For purposes of this scope, it is assumed the proposed project would be
developed in one general phase. Project-related construction emissions will be compared to the SCAQMD
regional significance construct¡on thresholds. Localized air pollution impacts from onsite construct¡on equipment
exhaust and fugitive dust will also be compared to SCAQMD's screening-level localized significance thresholds
(LST) for their potential to elevate concentrations of air pollutants at the adjacent land uses surrounding the
project site. lf necessary, mitigation measures will be identified to reduce any potentially significant regional
and/or localized air quality impacts. A construction health risk assessment ¡s not proposed. lt is assumed that
construction-related risk can be described qualitatively based on the LST analysis.
> Operationa/ Phase, The proposed project would generate emissions from project-related transportation sources,
area sources (e.g., Iandscaping fuel, architectural coatings, consumer products), energy sources (e.g., naturalgas,
electricity), water and wastewater use, and waste generation. PlaceWorks will quantify the long-term criteria air
pollutant and GHG emissions forthe proposed project atfull buildout. Emissions will be based on the land use
types proposed. ln addition, the anaiysis will utilize the vehicle trip generat¡on data for the proposed land uses,
as provided by Urban Crossroads. Total emissions from construction activities will be amortized into the GHG
emissions inventory. The project-related criteria air pollutant emissions will be compared to the SCAQMD's
significance thresholds.
August 22, 2OI9 | Paee 4
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¡> Other Areas of lmpact: The SoCAB is currently designated nonattainment under the National and/or California
ambient air quality standards (AAaS) for ozone (O:), fine inhalable particulate matter (PMz.s), coarse inhalable
particulate matter (PMro), nitrogen dioxide (NOz), and lead. The SCAQMD has adopted the 2016 Air Quality
Management Plan (AQMP) to ensure the SoCAB can atta¡n the long-term National and California AAQS. The air
quality analysis will include a consistency evaluation of the project's regìonal emissions to SCAQMD's AQMP.
Furthermore, the SoCAB has been designated in attainment for carbon monoxìde (CO) under both the California
and National AAQS. PlaceWorks will include a qualitative assessment of CO hotspots and potential odor
generation.
> Prolect Consistency with Plans Adopted to Reduce GHG Emissions.'The GHG sectlon will discuss the GHG reduction
goals of Assembly Bìll 32 (AB 32), Senate Bill32 (SB 32), and SB 375. To achieve the GHG reduction targets of AB
32 and SB 32 the California Air Resources Board (CARB) prepared the 2017 Scoping Plan update. ln addition, the
Southern California Association of Governments (SCAG) has adopted a regional transportat¡on plan/sustaÌnable
communities strategy (201,6-2040 RTP/SCS) to ensure that the southern California region can attain the regional
transportat¡on-related GHG reduction goals of SB 375. Project consistency w¡th these statewide and regional GHG
emissions reduction plans and program will be reviewed,
Deliverable(s):. Air Quality and GHG Analysis and Modeling to be included as an appendix to the FIR
Task 2.3 Biological Resources Constraints Survey (Cadre Environmental)
PlaceWorks will retain Cadre Environmental as a subconsultant to prepare a biological resources constraints survey
for the proposed project. The following tasks will be conducted in a collectìve effort to characterize existing biological
resource conditions, determine the presence/absence of sensitive natural resources, and develop documentation in
support of an ElR.
A review of the current California Department of Fish and Wildlife Natural Dìversity Database, California Native Plant
Society's Electronic lnventory of Rare and Endangered Vascular Plants of California, and United States Fish and Wildlife
Service sens¡tive species and critical habitat databases will be conducted prior to initiating field investigations in order
to identify any potential threatened or endangered species and/or critical habitats known to exist within and/or
adjacent to the project area.
The site assessment will include a delineation of all general vegetation communities present within the project sìte,
and the findings will be incorporated into a Geographic lnformation System for use during further environmental
compliance/engineering analyses (State Plane NAD83, Zone tI - feet), if warranted. The vegetation communities
would be mapped based on the 2013 Vegetatìon Classification System developed forthe Orange County Central and
Coastal Subregions NCCP/HCP habitat reserve system. Cadre Environmental wìll conduct a field reconnaissance and
general biological survey of the entire project site to identify changes in the onsite habitats that may represent
potential habitat for any threatened, endangered, or otherwise sensitive species or habitats, including, but not limited
to:
> Special status sensitive plants
> Coastal California gnatcatcher
> Least Bell's vireo
lf ¡t is determined during the field survey that any focused survey is necessary, the City will be notified and a separate
and scope and cost will be provided. ln addition to conducting a biological resources hab¡tat assessment, an analysis
will be conducted to identifyanyareaswithin oradjacenttothe projectsitethat mayfall underthe jurisdiction of the
US Army Corps of Engineers, California Fish and Wildlife, or the Regional Water Quality Control Board (regulatory
resources). Although this will not include a formal delineation, it will characterize the potential constraints associated
with "waters of the United States" and "waters of the state" throughout and adjacent to the property, if present.
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PLACEWORKS
Deliverable(s):. Biological Resources Constraints Report
Task 2.4 Specimen Tree Report (Dudek)
It is our understanding that the proposed project would require removal or relocation of all trees on the property,
and the City requires Tree Removal Permit to remove trees with trunk diameters greater than six inches measured
three feet above grade. lt appears from the aerial photograph that there may be as many as 100 trees on the project
site. Therefore, a specimen tree report will be prepared by Dudek.
>> Field Tree lnventory and Data Processing: Individual tree location mapping wìll be conducted using a Trimble
Pathfinder Pro XH Global Posìtioning System (GPS) receiver with H-Star Technology. The Pro XH receiver provides
resource-grade accuracy that will be suitable for impact analysis. Since tree canopies can cause loss of satellite
lock if they block the line of sight to satellites, Dudek will use a digital compass and reflectorless electronic
distance measuring (EDM) device to offset any positions obscured by tree canopy cover. The EDM device has a
horizontal accuracy range of 0.1 to 0.5 feet, and the digital compass has an accuracy of 0.3 degrees. The
EDM/compass combination also operates in concert wìth the Pathfinder Pro XH system to position offsets for
trees, should they be necessary. This offset information is automatically downloaded and attached to the GPS
position data string. Digital tree location information will be stored and managed in thefield using a Trimble Geo
7X datalogger directly connected to the Pro XH receÌver. Tree attribute data (species, trunk diameter, heìght,
crown spread, health, and structural condition), collected simultaneously with feature positions, will also be
linked to tree location information and stored in the datalogger,
Followingfield data collection, rawtree location and attribute information will be uploaded to PCs and managed
utilizing Trimble GPS Pathfinder Office (v. 3.10) software. Raw data files wlll be differentially corrected, managed,
and exported in appropriate GIS or computer-aided drafting (CAD) formats, suitable for further spatial analysis
and / or exhibit prepa ration.
Based on up to 100 trees, Dudek estimates one field day will be required to complete the field phase of this
project. We will measure size (height, canopy spread to drip line, and trunk diameter), and determine tree
health/structural condition. For each inventoried tree, physical conditions (health and structure) will be recorded.
Each mapped and assessed tree will be tagged with an aluminum tree tag identifying it with a unique tree number
corresponding to GPS mapping data. Photographs of the site and of representative trees will be collected.
Following field mapping and tree evaluation efforts, Dudek will process all raw GPS information and generate an
ASCllfile that is importable to GIS software. Dudek will reduce alltree attribute ìnformation to useable summaries
and provide an electronìc Excel table of this information to be used in preparation of the arborist reports.
>> SpecimenTreeReports:Followingcompletionofthetreeinventoryandevaluation,Dudekwill prepareaspecimen
tree report and associated tree location exhibits. The report wìll detail observations, methods, results, and
recommendations. A tree information matrix will be prepared that provides tree attribute information in an Excel
spreadsheet that corresponds to the tree location exhibit for the specific report. The tree location exhibits will
include tree trunk locations in relation to structures and improvements. The reports will include additional
information, primarily an evaluation of the tree impacts, measures to minimize impacts, and if necessary,
recommendations for replacement tree planting as mitigation for impacted trees. They will also address tree
preservation and maintenance guidelines for trees that are to be protected on site, if any.
The costs associated with this scope assume that ¡mpacts will be assessed based on one project alternatìve.
Modifications to project design requiring a reevaluation of tree impacts and edits to the arborist reports will be
billed on a time-and-material basis according to Dudek's fee schedule. The firm will provide an electronic copy
(PDF) of the first draft report for review and anticipates an internal project team review as well as one City revÌew
cycle and edit cycle. Five copies of the specimen tree report and related exhibits will be provided for City review
and of the final reports.
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Deliverable(s):. Specimen Tree Report
Task 2.5 Cultural Resources Report (Cogstone)
PlaceWorks will retain Cogstone to conduct cultural resources investigatìon as described below
>> Background fresearch, Data Colledion, and Native American Consultation
Cultural Resources Records Search: Cogstone will request a records search for cultural resources within a
0.5-mile radius of the project area f rom the South Central Coastal lnformation Center (SCCIC). A review of all
relevant archival records (e.g., historic maps and aerials) will be conducted, and all site records will be
obta ined.
Native American Scoping: Cogstone will request a Sacred Lands File search from the Native American
Heritage Commission (NAHC). Cogstone will draft and mail, via US Certified Mail, a project information letter
to the recommended Native American individuals, groups, or tribes provided by the NAHC.
c. Paleontological Records Search: Cogstone will request a records search for paleontological resources from
the Los Angeles County Museum of Natural History (LACMNH).
d. Background Research:Conductresearchtodevelop brief contextsforcultural and paleontologtcal resources.
>> Fieldwork:Cogstone will provide a qualified archaeologist and cross-trained paleontologist to conduct an intensive
pedestrian survey of the entire 16-acre project area. lt is assumed that no archaeological sites will require
recording or updating on Department of Parks and Recreation 523 (DPR 523) forms.
>> Report Preparation:fhe cultural resources report will be prepared to include a summary of the results of the record
search, field survey, and previous consultation efforts to determine baseline condìtions and assess potent¡al
impact to cultural resources resulting from the project. All pertinent or necessary data will be included in the
technical report. This scope includes one round of comments from the City prior to producing the final report.
>> AB52andSETSCoordination.'PursuanttotherequirementsofSenateBill lSfortheGeneral PlanAmendmentand
Assembly Bill 52, PlaceWorks will coordinate closely with the Cityto comply wìth the tribal notification process.
PlaceWorks, in coordination with Cogstone, will draft a notification letter for the City to send out per SB 18 and
AB 52. However, per the regulatìons, the City is required to manage the notificatìon and consultation process
with pertinent tribes who have requested it. The process and outcomes will be documented and included in
appropriate sections of the ElR.
Deliverable{s):. Cultural resources technical report.. Tribal consultation and notification letter sample in compliance with AB 52 and SB 18
Task 2.6 Phase I Environmental S¡te Assessment (PlaceWorks)
The Phase lwill be conducted ìn accordance wìth the American SocietyforTesting and Materìals (ASTM) Standards
on Environmental Site Assessments, ASTM E L527-13 (ASTM 1527-13). The goalof an ASTM Phase I is to evaluate site
history, existing observable conditions, current site use, and current and former uses of surrounding properties to
identify the potential presence of Recognized Environmental Conditions (RECs) associated with the site. Recognized
Environmental Conditions are defined in ASTM E 1.527-I3 as "the presence or likely presence of any hazardous
substances or petroleum products on a property under conditions that indicate an existing release, a past release, or
a material threat of a release of any hazardous substances or petroleum products into structures on the property or
into the ground, groundwater, or surface water at the property. The term includes hazardous substances or petroleum
products even under conditions in compliance with Iaws.The term is not intended to ìnclude de minimis conditions
August 22, 201"9 | Page 7
PLACEVTORKS
that generally do not present a mater¡al risk of harm to publìc health or the environment and that generally would
not be the subject of an enforcement action if brought to the attention of appropr¡ate governmental agencies."
The Phase lscope of work described below has been developed to be consistent with the ASTM E 1527-1,3 Standard,
based on our current understanding of the site. The Phase I consists of three primary tasks that include both ASTM-
required and discretionary activities: Records Review; Site Reconnaissance and lnterviews; and Report Preparation.
The scope of work specific to thìs project is described below.
>> Records Review: PlaceWorks will assemble and review readily available information on site historyand usage as it
relates to the presence of hazardous substances and petroleum products that would constitute RECs on the site.
The ASTM standard lìsts mandatory and discretìonary records for review.
We will review information from the mandatory databases within the ASTM-specified search radii. The mandatory
databases include: NPL, CERCLIS, CERCLIS NFRAP, ERNS, RCRA non-CORRACTS TSD, RCRA CORRACTS TSD, RCRA
Generators, State Hazardous Waste Sites, State Landfills and Solid Waste Disposal Sites, Registered Underground
Storage Tanks (USTs), and Leaking USTs. We intend to use an electronic database service to provide a report
summarizing informatìon from the required records, and will rely on the database service to conform to ASTM
requirements for currency of the information. Should the database search report identify listed sites with the
potential to impact the subject site, PlaceWorks may reviewthe federal or state files pertaining to the listed sites,
as reasonably ascertainable and practically reviewable. The budget does not include costs for review of fìles by
more than one agency.
A 7.5-minute US Geological Survey topographic map will be used to evaluate the physical setting in the sìte area
and will be supplemented by discretionary review of readìly available information concerning surface topography,
surface water, soì1, bedrock, and groundwater conditions on and in the vicin¡ty of the project site. Historical and
current aerial photographs of the properties and surrounding area will be compiled through a photograph collection
search. These photographs will be reviewed by PlaceWorks for the following information: past land uses,
development of the site and surrounding area, potential sources of environmental contamination or evidence of
spills, and other items of environmental concern.
>> Site Reconnaissance and lnteruiews:PlaceWorks will visit the site and view interior and exterior conditions to assess
the nature and type of activities that have been conducted at the site with respect to potential RECs. PlaceWorks
will observe and document visible evidence of current and past usage of the property, particularly related to
potential filling, previous structures, sewage disposal systems, hazardous substances, petroleum products,
storage tanks, and evidence of spills or releases of hazardous substances or petroleum products. We understand
that you will make all areas of the site accessible to our representative(s) for the site vis¡t, For budgeting purposes,
we have assumed that all areas of the sìte will be made accessible and will be seen in one site visit.
Our observations and conclusions related to the site reconnaissance may be limited by prevailing weather
conditionsorothersiteconditionsatthetimeof oursitevisit.Ourreportwill includeadiscussionof factorslimiting
our site reconnaissance, if applicable.
lf knowledgeable persons are identified and can be interviewed, interviews will be conducted.The ASTM Standard
requires that interviews be performed with a "Key Site Manager" and with representat¡ves of building occupants.
ln accordance with ASTM, a reasonable attempt will be made to interview a representative of each occupant if the
building has five or fewer occupants. lf the building contaÌns more than five occupants, a reasonable attempt will
be made to interview those major occupants, as defined by ASTM, and those occupants whose operations could
indicate RECs in connect¡on with the property. We request that the current owner(s) or representative(s) be notified
of our visit and asked to participate in an interview regarding site usage and history.
Further, as required by the ASTM standard, we ask that copies of previous environmental investìgations and audits
of the property are made available, as well as other information related to storage, use, or release of hazardous
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substances or petroleum products at the site, such as environmental permits, registrations for tanks, material safety
data sheets, or waste disposal records, if applicable.
>> Data Evaluatton and Report Preparation: PlaceWorks wìll interpret the information and data assembled from the
two tasks above, and willformulate conclusions regarding evidence of RECs at the site and their potential impact
on the sìte. As required by ASTM, our final report will include a statement indicating that the work was conducted
consistent with the scope and limitations of the ASTM Standard, and discussing whether RECs were or were not
identified ¡n connection with the property.
lJser-Provided lnformation:The ASTM Standard requìres disclosure in the Phase I report as to whether the user of
the report has specialìzed knowledge about previous ownership or uses of the property that may be material to
identifyìng RECs, or whether the user has determined that the property's T¡tle contains environ menta I liens or other
information related to environmental condition of the property, including engineering and inst¡tutional controls
and Activity and Use Limitations, as defined by ASTM. ln add¡tion, we are required by the ASTM Standard to inquire
whether the user of the report has prior knowledge that the price of the property has been reduced for
environmental related reasons. We request that you provide this information to us for inclusion in our report.
No subsurface explor:ations or chemìcal testing of soils or groundwater will be performed during this assessment.
Therefore, our conclusions regarding the evidence of RECs will be based on observations of existing visible
conditions, and on our interpretation of sìte history and site usage informatìon.
The ASTM E 1521-1"3 Standard includes the following list of "additìonal issues" that are nonscope considerations
outside of the scope of the ASTM Phase I practice: Asbestos-conta¡ning materials, radon, lead-based paint, lead in
drinking water, wetlands, regulatory compliance, cultural and historic risks, ìndustrial hygiene, health and safety,
ecological resources, endangered species, indoor air quality, and high voltage power lines. Assessment of these
Items is not included in our proposed work scope. A limited assessment of the presence of polychlorinated biphenyls
(PCBs) is included in the ASTM work scope. Accordìngly, ourassessment of the presence of PCBs is limited to those
potential sources specified in the ASTM Standard as "electricalor hydraulic equipment known or likely to conta¡n
PCBs to the extent vìsually and or physically observed or identified from the interview or records review. 50-year
chaÌn-of-title will not be provided under this scope of work. lt is, however, recommended that the purchaser
independently obtain title records to confirm the absence or presence of any environmental liens against the
p roperties.
Task 2.7 Noise (PlaceWorks)
PlaceWorks will evaluate potential noise and vibration impacts for the construction and operational phases of the
proposed project. The impact assessment document will discuss relevant cr¡teria for noìse exposure based on
applicable federal, state, and local standards and ordinances, including those in the municipal code and general plan
noise element. The dominant nolse source in the project area is traffic f rom lnterstate 5 (l-5), Rancho Viejo Road, and
local residential streets. Secondary noise sources would include rail noise from the Southern California Regional Rail
Authority (SCAX), approximately 0.35 mile west of the site.
PlaceWorks proposes to assess ex¡sting conditions and identify the nearest sens¡tive receptors and other
environmental characteristics, based on PlaceWorks experience of similar noise environments, aerial photography,
site plans, and project site photos. Given the roadway configuration around the project site, traffic noise is expected
to be the dominant ambient noise source in the area, both now and at project buildout. Therefore, no field
measurements of ambient noise levels are indicated, and existing conditions will be addressed via available traffic
data and noise contours.
Long-term operational noise impacts will be primarily related to project-generated traffic. Thus, the traffic forecasts
included in the project's traffic study will be used to conduct a noise impact assessment of project-related traffic.
August 22, 201"9 I Page 9
PLACEWORKS
Project-related constructìon noise will temporarily elevate the ambient noise environment above exist¡ng conditions.
An assessment of temporary noise and vibration impacts during site preparation and project construction activities
will be conducted using industry-standard analysis techniques and using construction-related data to be provided by
the Applicant (e.g., construction schedule, equipment mix, hauling, and truck trìp information (as stated in Task 2
introduction). Vibration impacts will be assessed per criteria in the FTA's guidellne document on noise and vibration
impact assessment.
The findìngs of the technìcal analyses and impact assessment will be provided in a noise and vibration sectìon of the
ElR, along with mitigation measures (should they be indicated for any identìfìed noise and vibration impacts).
Deliverable(s):. No¡se Analysis and Modeling to be included as an appendix to the EIR
Task 2.8 Traffic lmpact Analysis (Urban Crossroads)
PlaceWorks will retain Urban Crossroads to evaluate potential traffic impacts of the proposed project based on the
City's Administrative Policy 310, Preparation and Use of Traffìc Reports. A formal traffic study scoping document will
be submitted to City staff for review and approval prior to commencement of the traffic analysis. lf during the traffic
study scoping process, the City decides to alter or change any of the key assumptions used to develop this scope of
work, PlaceWorks will notify the City of the potential additional costs associated with the change in scope.
> TrafficStudyScopingAgreementProcess:Aformal trafficstudyscopingdocumentwill besubmittedtoCitystafffor
review and approval prior to commencement of the traffic analysis.
a. Calculate project-related vehicle trips based on the lnstitute of Transportation Engineers (lTE)Trip Generation
10th edition (2017) trip generation rates.
b. Determine project trip distribution patterns for based on existing and planned land uses in the area along with
the planned circulation system.
c. Based on the project-related trip generation and trip distribution patterns, establish the required study area
intersections to be evaluated in the traffic impact analysis based on the City of San Juan Capistrano traffic study
guidelines or as directed by the lead agency.
d. ldentify known cumulative development projects and ambient growth patterns
Prepare a draft of the traffic study scoping assumptions and submit it to the jurisdiction for review and
a pprova l.
f. lnterface wìth jurisdiction staff to finalize the traffic study scoping agreement.
>> Existing Trafftc Data and Existing Roadway Conditions lnventory
Conduct weekday morning (7am-9am), weekday evening (4pm-6pm) peak hour turning movement counts at
up to 6 study area intersections.
b. Conduct 24-hour roadway segment counts at up to 6 roadway segments
Field inventory of intersection traffic control measures, approach lanes at intersections, and through travel
lanes along segments.
e
c.
>> Opening Year and Horizon Year (2040) Traffic Proiections
August 22, 2019 | Page 10
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a Opening Year traffic projections will be developed through the use of an ambient growth factor along with the
addition of known cumulative development projects identified by City of San Juan Capistrano planning staff. lt
is estimated that up to 25 individual cumulative development projects may need to be ìncluded in this traffic
a nalysìs.
b. The long-range 2O4O traffic forecasts will be based on the Orange County Transportat¡on Analysis Model
(OCfAM) or the City's latest traffic modeling tool.
c. Calculate cumulative Opening Year and Horizon Year (2040) peak hour turning movement volumes for up to 6
study area intersect¡ons.
d. Calculate cumulative future average daily traffic (ADT) volumes on study area roadway segments
>> lntersect¡on and Roadway Operations Analysis
Assess the ¡ntersection capacity and Level of Service (LOS), usìng both ICU and HCM methods, for up to 6 study
area intersections, for each of the following traffic conditions:
. Existing (2018)
. Existing Plus Project (E+P)
. Exìstin8 Plus Project PIus Cumulative (Near-term)
. Exìsting Plus Project Plus Buildout (Horizon Year 2040 W¡th Project)
b. Assess the Roadway Link LOS using the average daily trips (ADT) and peak-hour Lìnk Capacity Analysis
Methodology, for each of the traffic conditions described above,
c. Recommend intersection improvements that would maintain acceptable ¡ntersection and roadway
performance at the study intersect¡ons and roadways for each of the f uture traffic conditions described above.
d. Calculate the project's fair share for the signifìcant off-site impacts consistent with City Councìl Policy 111, Fair
Share Methodology.
>> Traffic Sþnal Warrant Analysis: Afraflic signal warrant analysis will be provided at the lntersection of Rancho Viejo
Road and major access to the slte based on peak hour volume warrant (Warrant 3) from the latest California
Manual on Uniform Traffic Control Devices (CA MUTCD).
>> ResponsetoCommentsontheDraftTrafficlmpactAnalysis:Thisscopeincludesoneroundof reviewandrevision
of the Traffic lmpact Analysis. PlaceWorks will coordinate with the City to submit one set of comments to Urban
Crossroads.
> Meetings/Public hearings:The scope includes preparation and attendance at up to 3 meetings/conference call and
hearings as needed by Urban Crossroads.
TASK 3. INITIAL STUDY PREPARATION
PlaceWorks will prepare an lnitialStudy to determine the scope and content of the ElR. The Initial Study will include
all 20 topical sections required by CEQA:
a
> Aesthetics
> Agrìculture and Forestry Resources
> Air Quality
> Biological Resources
> Cultural Resources
> Land Use and Planning
> Mineral Resources
> Noise
> Population and Housing
> Public Services
August 22,201"9 | Page 11
PLACE\}UORKS
D Energy
) Geology and Soils
> Greenhouse Gas Emissions
> Hazards and Hazardous Materìals
> Hydrology and Water Quality
) Recreatìon
) Transportat¡on
> Tribal Cultural Resources
> Utilities and Service Systems
> Wildfire
Pursuant to the requirements of CEQA (California Public Resources Code, sections 21000 et seq.) and the State CEQA
Guidelines (California Code of Regulations, sections 15000 et seq.), findings will be clearly substantiated in the lnitial
Study for each environmentaltopic checklist quest¡on to conclude that: 1) there will be no impacts, 2) impacts will be
less than significant, or 3) impacts will be potentially significant. lmpacts that are determined to be potentially
significant wìll be carried forward to the ElR.
PlaceWorks will prepare and submit the lnitial Study (lS) for the City's review two tìmes:
> Screenchecklnitial Study:PlaceWorkswill prepareaScreenchecklSusingtheavailableinformationandsubmititin
Microsoft Word for editing as well as in a PDF with figures, exhibits, and appendices. lt is assumed that all City
staff comments concerning the Screencheck lS will be compiled in one track-changes lS document and
transmitted to PlaceWorks via email. The City may also prepare a comments matrix to track all City staff
comments. As needed, PlaceWorks'project manager will have conference calls with City staff to go over
comments, discuss and resolve any major areas of concern in the Screencheck draft, clarify areas of
misunderstanding, etc. The City presumes a minìmum of three weeks to review the Screencheck NOP/lS.
> Printcheck lnitialstudy: Based on the compiled comments, PlaceWorks will revise the Screencheck lS ln both track
changes version and a clean version (i.e., all changes accepted/ addressed in response to City staff comments).
We will submit a Printcheck lS, including any referenced technical studies, and a comment and response matrix
(if one was provided) that corresponds to the Printcheck document, The City must approve the Printcheck lS
before the Notice of Preparation (NOP) can be scheduled to be published in a local newspaper. Scheduling of the
NOP publication requires a one-week lead time.
Deliverable(s):. One digital copy of the Screencheck lS (includÌng completed technical appendices). One digital copy of the Printcheck lS (including completed technical appendices)
TASK 4. NOP PREPARATION AND D¡STRIBUTION
Upon approval of the Printcheck lnitial Study, PlaceWorks will reproduce and distribute the NOP/lS to an approved
distrìbution Iist. PlaceWorks will prepare a distribution list that includes State Clearinghouse and responsìble and
trustee government agencies, and submìt to the City for approval. The City may include other special ìnterest groups
and individuals to the maillng list at the time of review. CEQA Guidelines 21092(b)(3)(C) identifies direct mailing to
owners and occupants of contiguous property shown on the latest equalìze assessment roll as one of the three
distribution procedures, However, if City's protocoì is to provide noticing beyond what's required under CEQA, we
anticipate that a separate 300-foot, 500-foot, or more radius mailing list of owners and occupants will be provided by
the C¡ty based on the latest equalize assessment roll. PlaceWorks will be responsible for the NOP d¡stribution to the
mailing list and posting with the Orange County Clerk, and the City will be responsìble for publishing the NOP in the
local newspaper. We will distribute the NOP by certified mail to all government agencies, and overnight to the State
Clearinghouse.
Deliverable(s):. Up to 10 hard copies of the public review draft NOP/lS and 50 dìgital copies. Distribution of NOP to the City-provided mailing list (including State Clearinghouse)
August 22, 2019 | Page 12
PLACEïUORKS
. Post NOP with County Clerk
TASK 5. PUBTIC SCOPING MEETING
PlaceWorks will assist the City in organizing and conducting one public scoping meet¡ng to present the preliminary
environmental impacts of the proposed project and to solicit comments regarding the scope and content of the
environmentaltopics to be addressed in the ElR. We will prepare a PowerPoìnt presentation for the meeting to be
reviewed by the City pr¡or to finalization. At the meeting, we will be prepared to discuss the environmental review
process and to answer specific questions as desired by the City.
It ¡s recommended that the scoping meeting be held one to two weeks after the release of the NOP so that the public
has tìme to read through the NOP/lS, and publìc concerns about environmental issues can be identified. We will
prepare a summary report of comments. This report will be included in the ElR, with reference to where each
comment is addressed or an explanation for why it is not addressed (e.g., not an environmental issue).
Deliverable(s):. Scopìng meeting materìals (sign-in sheet, comment card, PowerPoint presentation, etc.)
. Scoping Summary Report
TASK 5. DRAFT EIR PREPARATION
lmmediately upon releasing the NOP/lS, PlaceWorks will begin preparing a Draft EIR in accordance with Section L5161
of the CEQA Guidelines. ln accordance with Section t51-61-, the project EIR will examìne the environmental impacts of
the proposed project and wìll focus primarily on the changes in the environment that would resultfrom the project.
The EIR will clearly identify and address all potential ìssues facing the proposed project. The EIR wÌll also examine all
phases of the project, includìng planning, construction, and operation.
The Draft EIR will be clearly wr¡tten and will avoid technicaljargon to the extent possible, so that the document is
easily understood. lf technical terms need to be introduced for accuracy, they will be clearly defined. The existing
conditions of the project site will be used to setthe baselìneforthe environmental analysìs. Mitigation measures will
be recommended in the EIR where necessary. PlaceWorks will coordinate with City staff to obtain available project
information, including technical reports and construction equipment and schedule information.
PlaceWorks will prepare a Draft EIR that includes all mandatory elements of an EIR in accordance with the CEQA
Guidelines. Sections of the EIR will include:
> Executive Summary
> lntroduction
) Project Description
> Environmental Setting
> Environmental Topical Sections, to include Existing Conditions and Regulatory Setting, Thresholds of Significance,
Environmental lmpact Assessment/Analysis, and Mitigation Measures (as needed)
)) Alternatives to the Project
> Other CEQA-Mandated Sections (e.g., Significant Unavoidable Adverse lmpacts, Growth-lnducing lmpacts)
PlaceWorks will prepare and submit the Draft EIR for City's review three times:
> l.st Screencheck Draft EIR: PlaceWorks will prepare and submit a l-st Screencheck DEIR, including any referenced
technical studies, The 1st Screencheck DEIR will be submitted in Microsoft Word for editing and in a PDF that
includes all figures, exhibits, and appendices. lt ¡s assumed that all comments concerning the 1-st Screencheck
Draft EIR will be transmitted in one compiled document via email to PlaceWorks. As appropriate, PlaceWorks'
project manager will have a conference call with City staff to discuss and resolve any major areas of concern or
August 22,20L9 | Page 13
PLACEWORKS
to clarify areas of misunderstanding, etc. The City presumes three weeks for staff review of the 1st Screencheck
docu ment.
> 2nd Screencheck Draft EIR: Based on the City's comments, PlaceWorks will revise the 1st Screencheck DEIR in both
a tracked changes version and a clean version (i.e., all changes accepted/addressed in response to City staff
comments). We will submit a 2nd Screencheck DEIR, including any changes to the referenced technical studies.
It is assumed that all comments concerning the 2nd Screencheck Draft EIR will be transmitted in one compiled
document via email to PlaceWorks. A comment and response matrix that corresponds to the 2nd Screencheck
document will also be submitted, ìf one was provìded by the City. The 2nd Screencheck DEIR will be submitted in
Microsoft Word for editing and in a PDF that includes all figures, exhibits, and appendices. The City presumes
three weeks for staff review of the 2nd Screencheck document.
> Printcheck Draft EIR and Notice of Availability: Based on the City's comments, PlaceWorks will revise the 2nd
Screencheck Draft EIR and also prepare a Notice of Availability (NOA). The 2nd Screencheck Draft is the final
version of the DEIR before it is reproduced for circulation. The NOA wìll provide a summary of the project
description and an explanation of the scope of issues in the Draft ElR. Ihe NOA will also clearly identify the public
review period, contact person, and address established for submitting comments on the Draft ElR. The City must
approve the Printcheck DEIR and the NOA prior to scheduling the NOA to publish in the newspaper, which
requires a one-week lead-time.
Modification to the scope of work, budget, and time frame may be necessary if additional reviews are required.
Deliverable(s):. Digital copies of 1st Screencheck draft EIR (includÌng completed technical appendices). Digital copies of 2nd Screencheck draft EIR (including completed technical appendices). Digital copies of Printcheck draft EIR (including'completed technical appendices)
TASK 7. NOA AND NOC DISTRIBUTION
PlaceWorks will reproduce and distribute the public draft EIR and NOA to the State Clearinghouse, County Clerk,
responsible and trustee agencies, and other special interest groups and individuals identifìed on the mailing list
prepared for the NOP distribution and anyone else that was identified during the scoping period (see Task 4). We will
distribute the NOA/NOC by certified mail to all government agencies and overnight to the State Clearinghouse and
select depositories at City's request. lt is assumed that the City will be responsible for all newspaper notices and site
postings, and if necessary, radius mailing to adjacent and surrounding property owners and occupants. The City will
also be responsible for posting CEQA documents and notices on the City's website.
Deliverable(s):. Public Draft EIR (technical appendices ìn attached CD) (25 hard copies of the DEIR and 50CDs)
TASK 8. FrNAL ErR/RESPONSES TO COMMENTS
PlaceWorks will prepare responses to comments received on the Draft EIR to enable City decìsion makers to
adequately consider and address any agency, organization, or community comments and concerns. The Response to
Comments will contain copies of all comment letters rece¡ved, written responses to all comments, and a summary of
any changes made to the ElR, Responses will focus on comments that address the adequacy of the ElR. Other
comments that do not address the EIR adequacy will be noted as such and no further response will be provided.
The budget for the Response to Comments is an estlmate only, based on a total of approximately 50 hours for
preparation of the Response to Comments. The estimated number of hours includes only one round of review of the
Response to Comments by the C¡ty. The estimated budget assumes that no additional basic research will be required
to respond to comments, that the comments will be directed at the substance and technical adequacy of the ElR, and
that the comments will be compiled by the City and transmitted in writing or via e-mail to PlaceWorks.
August 22,2019 | Page 14
PLACEïI/ORKS
lf a large volume of comments are received that require extra time for sorting and organizing, or if certain comments
result in the need for substantial response that exceed the anticipated 50 hours, or require new research or analysis,
the initial budget may not be sufficient. Should this situatìon become apparent, we will discuss it with the City before
the responses budget is consumed and determine an appropriate course of actìon.
Task 9 Deliverable(s):. 1 digital copy of the Screencheck Response to Comments
. Up to 10 hard copies of the Final EIR. Upto 10 hard copies of thefinal Responseto Comments and l digital copy
TASK 9. MITIGATION MONITORING PROGRAM
PlaceWorks wìll prepare a M¡t¡gat¡on Monltoring Program (MMP) based on m¡tigat¡on measures identified in the EIR
and pursuant to Section 2108L.6 of the CEQA Public Resources Code. The MMP will be defined through working with
City staff to identify appropr¡ate monitoring steps/procedures in order to provide a basis for monìtoring such
measures during and upon project implementation. lt will be in standard City format and will identìfy the significant
impacts that would result from the proposed project; proposed mitigation measures for each impact; the t¡ming at
which the measures will need to be conducted; the entity responsible for implementing the mitigation measure; and
the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. The
MMP will be submitted to City staff for review and approval in conjunction with submittal of the Response to
Comments.
Deliverable(s):. l digitalcopy of the MMP
TASK 10. FINDINGS OF FACT/STATEMENT OF OVERRIDING CONSIDERATIONS
Section 15091 of the CEQA Guidelines requìres that no public agency approve or carry out a project for which an EIR
has been completed that identifies one or more significant environmental effects, unless the public agency prepares
findings for each significant effect. PlaceWorks will prepare draftfindings and facts ¡n support of findingsfor each of
the significant impacts identified by the Draft EIR and the determination as to whether those impacts would be
reduced to below a level of significance by proposed mitigation measures. Ihese findings and facts will be
incorporated into the resolution(s) to be prepared by City staff.
Additionally, Section 15093 of the CEQA Guidelines requires that when an agency approves a project that will have
significant adverse environmental effects that are unavoidable, the agency must make a statement of its views on the
ultimate balancing of the merits of approving the project despite the environmental impact(s). PlaceWorks will
prepare the statement of overriding considerations for any unavoidable significant impacts that may be identified by
the Draft ElR.
Deliverable(s):. 1 digital copy of the Findings of Fact
TASK 11. NOTICE OF DETERMINATION
Within five days after approval of the Project by the San Juan Capistrano City Council, PlaceWorks will file a Notice of
Determination (NOD) with the County Clerk and State Clearinghouse. Considering that the project site has mature
trees that require removal, we anticipate that a No Effect Determination would not be granted. The NOD will be hand
delivered to the County Clerk along with the required California Department of Fish and Wildlife (CDFW) and County
fees. The CDFW filing fee for an EIR as of Janu ary L,2Ot9, is 53,271.00, and thìs fee may increase on January 1,,2O2O.
Deliverable(s):. Notice of Determination. File NOD with State Clearinghouse and County Clerk, including associated filing fees
August 22, 2019 | Page 15
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TASK 12. MEETINGS AND PUBTIC HEARINGS
Our scope of work and cost estimate assume attendance by PlaceWorks at a total of up to 12 hours of conference
calls and/or meetings and up to two public hearings at the City by the PIC and the Project Manager. Additional
conference call participation or hearing attendance by PlaceWorks upon City's request will be billed on a time-and-
materials basis in accordance with the hourly rates for the personnel involved, as included in this proposal.
Deliverable(s):. Up to 12 hours of conference calls and/or meetings
. Up to two public hearings (one Planning Commission and one City Council)
TASK 13. PROJECT MANAGEMENT AND ADMINISTRATION
PlaceWorks'project manager will coordinate closely with City staff and the project team to ensure that the
environmentaland technical documents delivered to the City are legally defensible, accurate, and useful to decision
makers considering approval of the project. The project manager will coordinate with the Cìty throughout the process,
not only to streamline the CEQA process, but to avoid or ant¡cipate any changes that could result in delays.
The project manager will be the key contact for the City and will be responsible for (1) managing task scheduling and
assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultatìon and
coordination with local and state agencies relative to the environmental document and the environmental review
process; (3) coordination and communications with City staff to ensure that City policies, procedures, and any
applicable codes are complied with and, where applicable, are incorporated into the lS and EIR; (4) ensuring that the
environmental review process and the CEQA documents satisfy the statutes and guidelines of CEQA and the City's
adopted Environmental Review Guidelines; and (5) representing the consultant team in public meetings as requested
by the City.
The project management task is based on one hour per week for the project manager and one hour per month for
the principal-in-charge (PlC) for the duration of the estimated project schedule, which is anticìpated to be
approximately 10 months. lf the schedule of the project is extended for reasons beyond PlaceWorks' control, a
contract amendment may be required for additionalfees for project management and coordìnation.
Deliverable(s):. Ongoingprojectmanagement(anestimatedlhour/week) fortheprojectmanagerand2hourpermonthfor
the PIC for approximately 10 months
Proposed Schedule
Based on the availability of a complete project description and supporting technical analyses/studies (as described
under'Technical Studies") and upon project initiation, the preparation and processing of an EIR and all associated
reports are anticipated to require approximately 8 to 10 months from start (contract approval) to finish (City Council
hearing). We have prepared a proposed Schedule (see Table 1) that can be further refined upon project initiation.
Once the project is initiated, PlaceWorks will prepare a detailed project schedule for the City for review and approval.
We will work to meet the scheduling objectives of the C¡ty.
Table L. Proposed Schedule
TASK TIMELINE
1. Project lnitiation and Kick-off Meeting 1 day
2. Technical Reports Preparationl 4 to 8 weeks
6 wks
RESPONSIBLE PARTY
PW and SIC
PW
PW- Air Quality ond GHG (PloceWorks)
August 22, 2019 | Page 16
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Table 1.. Proposed Schedule
TASK
Const ro ¡ nts S u rvey (Cad re )
- Specimen Tree Report (Dudek)
- Culturol Resources Report (Cogstone)
- Phose I (PlaceWorks)
- Nolse (PlaceWorks)1
- Troffic Report (Urbon Crossroods)
3. lS Preparatìon
Screencheck lnitial Study
- Clty Review of Screencheck lnitìal Study
- Printcheck Initial Study/NOP Preparation
- City Approval of the Printcheck lnitial Study/NOP
4. NOP/lS Print and Distribution
30-day lnitial Study/NOP Public Review
5. Scoping lvleetrng
6. Draft EIR Preparation
- First Screencheck Draft EIR
- City Review of First Screencheck Draft EIR
- Second Screencheck Draft EIR
- City Review of Second Screencheck Draft EIR
- Printcheck Draft EIR and NOA
- City Review and Approval
7. Draft ElR, NOA,& NOC Reproductron and Distribution
CEQA Public Review Period of Draft EIR (45-days)
8. Final EIR Preparation
Response to Comments, Findings of Fact, Statement of
Overriding Consìderations (if warranted), and Mitigation
Monitoring and Reporting Program
- City Review of the Screencheck FEIR, FOF, SOC & IVIMRP
- Printcheck FEIR, FOF, SOC & MMRP
- Distribute Response to Comments to government
agencres
Planning Commission Meet¡ngs
City Council Meetings
Notice of Determinatlon Filing
Tasks in bold consist of public rev¡ew periods and public meetings/hearrngs.
1 fhe time line for techn¡cal reports preparation is estimate only, as they require other technical reports for necessary data
TIMELINE
4 wks
4 wks
8 wks
6 wks
4 wks
B wks
4 wks
2 wks
2wk
1wk
1 day
30 days
1 day
8 wks
3 wks
3 wks
3 wks
1wk
1wk
2 days
45 days
3 wks
2 wks
1 wks
10 days prior to the
public hearing
1 day
1 day
1 day
RESPONSIBLE PARTY
PW
PW
PW
PW
PW
PW
PW & SJC
PW
SJC
PW
SJC
PW
PW
SJC
PW
SJC
PW
SJC
PW
PW
SJC
PW
PW
August 22, 2019 | Paee 17
EXHIBIT B
@ PLACEïTORKS
Cost Eslimqte
Our proposed cost estimate is presented in Table 2. As requested by the City, the budget is spl¡t into three phases:
Phase l" includes tasks l through 5, Phase 2 up to the release of the Draft ElR, and Phase 3 includes tasks following
the release of the Draft ElR. PlaceWorks will not proceed with Phase 2 or 3 tasks without prior authorization and
budget approval by the City. Tasks related to project management meetìngs were split into thirds between the three
phases. As shown in Table 2, the total cost estimate for all three phases is S287,899. Changes to the project description
or scope of environmental review would be handled through a contract amendment with prior notìce to the City.
Table 2. Cost Estimate
TASK COST
Task 1 Project lnit¡ation s3,1s0
Task 2 Technrcal Analyses/Studies
2.L Visual-Aesthetic Simulation Analysis (PlaceWorks)1 1,655
2.2: Air Quality and GHG Emissions (PlaceWorks)11,850
2.3: Bìological Resources Constraìnts Study (Subconsultant - Cadre)2,245
2.4: Specìmen Tree Report (Subconsultant - Dudek)5,120
2.5: Cultural Resources Records Search (Cogstone)12,495
2.6 Phase I Srte Assessment (PlaceWorks)6,575
2.7 Noise (PlaceWorks)8,220
2.8 Traffic lmpact Analysis (Subconsultant - Urban Crossroad)26,995
Task 2 Subtotal S8s,1ss
Task 3 lnitial Study Preparation (2 rounds of reviews)s 1s,o70
Task 4 Notice of Preparation and Initial Study Circulation 660
Task 5 Public Scoping Meeting 2,405
Task 6 Draft EIR (2 rounds of reviews)70,500
Task 7 NOA Preparation & Distribution 495
Task 8 Final EIR/Response to Comments (1 round of review)16,BBO
Task 9 Mitigation Monitoring Program 330
Task 1-0 Findìngs of Fact 6,08s
Task 1"1 Notice of Determinatron 330
Task l-2 Meetings and Public Hearings 8,300
Task 13 Project Management and Administration 11,600
Labor Subtotal s220,960
REIMBURSEABLE
lnitial Study/NOP 25 hard copies @ 5ZS and 50 CDs @ S10 1,550
Draft EIR 25 hard copies @ 5150 and 50 CDs @ S10 4,550
Response to Comments 10 hard copies @ $25 250
Final EIR 10 hard copies @ S25 250
CDFW and County Filing Fee 3,321
500Misc. copying, mailìng, postage
August 22,2019 | Page 18
@| PLAcEïyoRKs
Table 2. Cost Estimate
TASK
Mileage
Office Expenses (2% of Labor)
GRANDTOTAL
PlqceWorks - 201 Slond<¡rd Fee Schedule
STAFF LEVEL
Principal
Associate Principal
Senior Associate/Senior Scientist
Associate/Scientist
Project Planner/Project Scientist
Planner/Assistant Scientist
Graphics Specialist
Administrator
Clerical/Word Processing
I ntern
Subconsultants are b¡lled at cost plus 1Û%.
Mileage reimbursemènl rate ¡s the standard lRs-approved rate.
Reimbursable Subtotal
COST
HOURLY BILL RATE
s21s-s33s
s18s-$230
5i.6s-S210
s13s-$180
s10s-s13s
ses-5110
s6s-$160
s14s-sLes
s4s-5140
s7s-se5
150
^
alq
S14,sso
$235,950
L¿st Update:01/09/19
August 22,2019 | Page 19
AMENDMENT NO. 1
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
PLACEWORKS
1. Parties and Date.
This Amendment No. 1 to the Professional Services Agreement is made and entered into as
of this 4th day of February, 2020, by and between the City of San Juan Capistrano, a municipal
organization organized under the laws of the State of California with its principal place of business
at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 ("City") and Placeworks, a
California Corporation with its principal place of business at 3 MacArthur Place, Suite 1100, Santa
Ana, CA 92707. City and Consultant are sometimes individually referred to as "Party" and
collectively as "Parties."
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
Professional Services Agreement" dated September 3rd, 2019 ("Agreement") for the purpose of
retaining the services of Consultant to prepare an environmental document for the Creekside
Specific Plan Residential Development Project(GPA 18-004).
2. 2 Amendment Purpose. The City and Consultant desire to amend the Agreement to
include additional scope of services and increase the not-to-exceed compensation amount.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3 of
the Agreement.
3. Terms.
3.1 Amendment to Section 1. Services. Section 1 of the Agreement is hereby amended in
its entirety to read as follows:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibits "A:" and"C."
Page 1 of 3
ATTACHMENT 2
3.2 Amendment to Section 2. Compensation. Section 2 of the Agreement are hereby
amended to read as follows:
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit"B" and"C."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of$284,553. This amount is to cover
all printing and related costs, and the City will not pay any additional fees for
printing expenses. Periodic payments shall be made within 30 days of receipt
of an invoice which includes a detailed description of the work performed.
Payments to Consultant for work performed will be made on a monthly billing
basis.
3.3 Amendment to Exhibits. Exhibit C as attached to this Amendment No. 1 is
hereby added to and incorporated into the Agreement as Exhibit C.
3.4. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No.1. From and after the date of this Amendment No. 1, whenever
the term"Agreement" appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 1.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.6 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
Signatures on Next Page]
Page 2 of 3
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND PLACEWORKS
CITY OF SAN JUAN CAPISTRANO PLAC- WORKS
Approved By:
Yr.
e6jamin
Signature
City Manager William Halligan
2 -7,2-0 Name
Date,. .Principal
Attested y: •
Title
1-27-20
Maria orris, Cit' lerk
Date
Appr ved As To Form:
City ttorney
Page 3 of 3
Exhibit AURBAN260E.Baker St. I Suite 200 I Costa Mesa,CA 92626 I (949)660-1994
CROSSROADS urbarocraads.com
PROPOSAL FOR SERVICES
January 16, 2020
Ms. Elizabeth Kim
Placeworks
3 MacArthur Place Suite 1100
Santa Ana, CA 92707
SUBJECT:CREEKSIDE TRAFFIC IMPACT ANALYSIS
Dear Ms. Elizabeth Kim:
Urban Crossroads, Inc. is pleased to submit this proposal agreement to Placeworks (Client) to provide a
Traffic Impact Analysis for the proposed Creekside development ("Project"), which is located at 31700
Rancho Viejo Road, in the City of San Juan Capistrano. The Project Applicant proposes to demolish the
existing 123,000-square-foot building formerly used for manufacturing to construct 188 residential units
on 15.3 acres through implementation of the Creekside Specific Plan.The 188 units would consist of 107
detached single-family units and 81 multi-family condominium units.
The following scope of work has been prepared based on the City's Administrative Policy 310,
Preparation and Use of Traffic Reports.A formal traffic study scoping document will be submitted to City
staff for review and approval prior to commencement of the traffic analysis. If during the traffic study
scoping process, the City decides to alter or change any of the key assumptions used to develop this
scope of work, Urban Crossroads will advise the Client of the potential additional costs associated with
the change in work effort.
SCOPE OF WORK
The following scope of work and associated professional fees represent the estimated work necessary
for preparation of Traffic Impact Analysis.
TASK 1: TRAFFIC STUDY SCOPING AGREEMENT PROCESS
A formal traffic study scoping document will be submitted to City staff for review and approval prior to
commencement of the traffic analysis.
1.1 Calculate project-related vehicle trips based on the Institute of Transportation Engineers (ITE)
Trip Generation 10th Edition (2017) trip generation rates.
1.2 Determine project trip distribution patterns for based on existing and planned land uses in the
area along with the planned circulation system.
12505-03 TIA Proposal REV6
Ms. Elizabeth Kim Exhibit A
Placeworks
January 16, 2020
Page 2 of 9
1.3 Identify known cumulative development projects and ambient growth patterns.
1.4 Prepare a draft of the traffic study scoping assumptions and submit it to the jurisdiction for
review and approval.
1.5 Interface with jurisdiction staff to finalize the traffic study scoping agreement.
TASK 2: EXISTING TRAFFIC DATA AND EXISTING ROADWAY CONDITIONS INVENTORY
2.1 Conduct weekday morning (7am-9am), weekday evening (4pm-6pm) peak hour turning
movement counts at the following 9 study area intersections for one (1) day:
1. Junipero Serra Road & Camino Capistrano
2. Junipero Serra Road & High School Entrance
3. Junipero Serra Road & 1-5 Southbound Ramps
4. Junipero Serra Road & 1-5 Northbound Ramps
5. Rancho Viejo Road &Village Road
6. Rancho Viejo Road &Junipero Serra
7. Rancho Viejo Road &Golf Club Drive
8. Rancho Viejo Road &Ortega Highway
9. Rancho Viejo Road & Fluid Master Shared Driveway
2.2 Conduct 24-hour roadway segment counts at the following 8 roadway segments for three (3)
consecutive days:
1. Camino Capistrano between Avery Parkway &Junipero Serra
2. Camino Capistrano between Junipero Serra & Oso Road
3. Junipero Serra Road between Camino Capistrano & 1-5 Southbound Ramps
4. Junipero Serra Road between I-5 Southbound Ramps & I-5 Northbound Ramps
5. Junipero Serra Road between 1-5 Northbound Ramps & Rancho Viejo Road
6. Rancho Viejo Road between Village Road &Junipero Serra Road
7. Rancho Viejo Road between Junipero Serra & Golf Club Drive
8. Rancho Viejo Road between Golf Club Drive &Ortega Highway
2.3 Field inventory of intersection traffic control measures, approach lanes at intersections, and
through travel lanes along segments.
12505-03 TIA Proposal REV6 URBAN
CROSSROADS
Ms. Elizabeth Kim Exhibit A
Placeworks
January 16, 2020
Page 3 of 9
TASK 3:OPENING YEAR AND HORIZON YEAR(2040)TRAFFIC PROJECTIONS
3.1 Opening Year traffic projections will be developed through the use of an ambient growth factor
along with the addition of known cumulative development projects as identified by City of San
Juan Capistrano planning staff. It is estimated that up to 25 individual cumulative development
projects may need to be included in this traffic analysis.
3.2 The long-range 2040 traffic forecasts will be based on the Orange County Transportation Analysis
Model (OCTAM) or the City's latest traffic modeling tool.
3.3 Calculate cumulative Opening Year and Horizon Year (2040) peak hour turning movement
volumes, for up to 8 study area intersections.
3.4 Calculate cumulative future average daily traffic(ADT)volumes on study area roadway segments.
TASK 4: INTERSECTION AND ROADWAY OPERATIONS ANALYSIS
4.1 Assess the intersection capacity and Level of Service (LOS), using both ICU and HCM methods, for
up to 9 study area intersections, for each of the following traffic conditions:
Existing (2019)
Existing Plus Project(E+P)
Existing Plus Project Plus Cumulative (Near-term)
Existing Plus Project Plus Buildout (Horizon Year 2040 With Project)
4.2 Assess the Roadway Link LOS, using HCM methodology , for each of the traffic conditions
described in Task 4.1.
4.3 Recommend intersection improvements that would maintain acceptable intersection and
roadway performance at the study intersections and roadways for each of the future traffic
conditions described in Task 4.1.
4.4 Calculate Project's Fair Share for the significant off-site impacts consistent with City Council Policy
111, Fair Share Methodology.
TASK 5:TRAFFIC SIGNAL WARRANT ANALYSIS
5.1 A traffic signal warrant analysis will be provided at the intersection of Rancho Viejo Road and
major access to the site based on peak hour volume warrant (Warrant 3) based on the latest
California Manual on Uniform Traffic Control Devices (CA MUTCD).
12505-03 TIA Proposal REV6 e/URBAN
CROSSROADS
Ms. Elizabeth Kim Exhibit A
Placeworks
January 16, 2020
Page 4 of 9
TASK 6: SITE ACCESS AND INTERIOR CIRCULATION ANALYSIS
6.1 Conduct site access and interior circulation analysis to provide a safe and effective traffic flow for
private streets including emergency vehicle access.
TASK 7:SYNCHRO OPERATIONS AND QUEUING ANALYSIS
7.1 Conduct a Synchro operations analysis for Junipero Serra Road between Rancho Viejo Road and
Camino Capistrano.
7.2 Conduct a queuing analysis for the 1-5 Southbound Ramps and the I-5 Northbound Ramps at
Junipero Serra Road for each of the following scenarios:
Existing Plus Project(E+P)
Existing Plus Project Plus Cumulative (Near-term)
Existing Plus Project Plus Buildout (Horizon Year 2040 With Project)
TASK 8: CONSTRUCTION TRAFFIC ANALYSIS
Evaluate potential construction traffic impacts to study area intersections and roadways
8.1 Determine trip generation for the Project during the construction phase based on construction
employee, vendor, and truck information provided by the Project applicant.
8.2 Develop the Project trip distribution patterns during the construction phase for both passenger
cars and heavy trucks.
8.3 Based on the construction phase trip generation and trip distribution patterns, identify the
number of study area intersections that may potentially be impacted. The intersections
evaluated for the construction phase may be a sub-set of the total study area intersections
evaluated for the other analysis scenarios.
8.4 Assess intersection capacity and level of service (LOS), for the affected study area intersections
for the construction phase.
8.5 Assess roadway segment volume-to-capacity for all study area roadway segments for the
construction phase.
8.6 Recommend improvements necessary maintain acceptable intersection performance at the
study area intersections for the construction phase.
8.7 Conduct a ramp queuing analysis at the off-ramp locations listed in Task 8 to identify the storage
necessary to accommodate queuing during peak hour traffic flows for the construction phase.
12505-03 TIA Proposal REV6 L URBANCROSSROADS
Ms. Elizabeth Kim Exhibit A
Placeworks
January 16, 2020
Page 5 of 9
8.8 Incorporate findings into the traffic impact analysis.
TASK 9: PARKING ANALYSIS
9.1 Review the parking policies in the City of San Juan Capistrano Municipal Code and General Plan
Circulation Element.
9.2 Calculate the parking requirements and peak parking demand based on the City of San Juan
Capistrano criteria.
9.3 Determine projected peak parking demand and supply based on the planned mix of uses.
9.4 Determine parking ratios based on Urban Land Institute (ULI) shared parking methods.
9.5 Based on the results of the shared parking analysis,evaluate adequacy of for residential and guest
parking.
9.6 Incorporate findings into the traffic impact analysis.
TASK 10: DRAFT TRAFFIC STUDY REPORT
10.1 Prepare a Screencheck Draft TIA report which incorporates the findings and all supporting
calculations from Tasks 1 through 9.
TASK 11: RESPONSE TO COMMENTS ON THE DRAFT TRAFFIC IMPACT ANALYSIS
11.1 Revise the draft traffic study report based on comments provided by the Client for up to one (1)
review cycle.
11.2 Revise the draft traffic study report based on comments provided by the City of San Juan
Capistrano for up to one (1) review cycle.
TASK 12: HORIZONTAL AND VERTICAL SIGHT DISTANCE ANALYSIS
12.1 Provide Sight Distance Plans at the two access points on Rancho Viejo Road based on the project
improvement plans.The Sight Distance Plan shall be prepared at a scale of 1"=40' on a 24"x 36"
sheet and will show both the vertical and horizontal sight distances. Topographic data
elevations) will be provided by the project team. The sight distance plan will be prepared in
accordance with the Caltrans Highway Design Manual.
12.2 Provide project AutoCAD files to the project team.
TASK 13: PRELIMINARY VEHICLE MILES TRAVELED(VMT)ANALYSIS
13.1 Evaluate factors such as the availability of transit, proximity to other destination, land uses in the
vicinity etc. to make a qualitative assessment of the Project's VMT impacts.
12505-03 TIA Proposal REV6 URBAN
CROSSROADS
Ms. Elizabeth Kim Exhibit A
Placeworks
January 16, 2020
Page 6 of 9
13.2 Review if the Project is located in a low VMT generating area based on available documentation
from Southern California Association of Governments (SCAG) or Caltrans.
13.3 Determine if any of the screening criteria included in the Governor's Office of Planning and
Research (OPR) Technical Advisory on Evaluating Transportation Impacts in CEQA (December
2018) is applicable.
13.4 Calculate the Project VMT for automobiles. Trip generation will be based on Institute of
Transportation Engineers (ITE)Trip Generation Manual, 10th Edition (2017).
13.5 Calculate the baseline average automobile VMT per service population (VMT/SP) for the City
based on OCTAM, SCAG RTP or other available sources.
13.6 Compare the Project automobile VMT/SP with the baseline average VMT/SP for the City and
determine if there is a potential significant impact based on the thresholds recommended in the
2018 OPR Technical Advisory.
13.7 Identify applicable Transportation Demand Management (TDM) strategies for reducing VMT
impacts determined to be potentially significant.
13.8 Summarize the results of the qualitative VMT assessment in a letter report.
TASK 14: VMT ANALYSIS UPDATE BASED ON CITY'S ADOPTED THRESHOLDS
14.1 The VMT thresholds are anticipated to be adopted by the city in June 2020. Update the VMT
analysis conducted as part of Task 13 based on the thresholds adopted by the City.
14.2 Revise the VMT assessment report based on the City's adopted thresholds.
TASK 15: MEETINGS/PUBLIC HEARINGS
15.1 Preparation and attendance at up to 3 meetings/conference call and hearings as needed.
PROFESSIONAL FEE
The fixed fee to accomplish the above Scope of Work is as follows:
Tasks 1-11 (Traffic Study) 40,610
Task 12 (Sight Distance Analysis) 4,800 (2 locations at$2400 per location)
Task 13 (Preliminary VMT Analysis) 8,900
Task 14(VMT based on City Thresholds) $3,200
Task 15 (Meetings/Hearings) 3,500 Not to Exceed billed T&M (see Exhibit A)
12505-03 TIA Proposal REV6 URBAN
CROSSROADS
Ms. Elizabeth Kim Exhibit A
Placeworks
January 16, 2020
Page 7 of 9
This fixed fee estimate is based upon our assessment of the jurisdictional requirements for the Traffic
Impact Analysis. As part of the Traffic Impact Analysis, Urban Crossroads, Inc. will coordinate with the
City of San Juan Capistrano to refine this scope of work. At that time, the City may decide to expand the
study area and/or change some of the project assumptions that could potentially require a budget
augmentation. If the City of San Juan Capistrano requires more than 9 existing study area intersections,
and/or more than 25 individual cumulative projects to be analyzed, Urban Crossroads, Inc. will advise
the Client of potential additional costs associated with the additional work effort.The fixed fee does not
include attendance at public hearings/meetings (unless otherwise specified above). If these tasks are
required to secure approval of the project, Urban Crossroads, Inc. would be pleased to perform them
and charge the Client based on the hourly rates detailed in Exhibit A.
DELIVERABLES/TIMING
It is estimated that the screen check draft Traffic Impact Analysis will be completed in 35 working days
from the date of Client's authorization and subsequent receipt of all requested data essential to
complete the study, including the final site plan. Additionally, any delays resulting from circumstances
beyond our control, such as environmental occurrences, changes in the project description, and/or
modifications in public/private policy may extend the time schedule. In the event this occurs, Urban
Crossroads, Inc. will make the Client aware of such issues and adjust expectations accordingly. A PDF
electronic) version of the report will be provided for the client's use.
TERMS
If agreeable,this letter serves as our mutual,contractual agreement and authorization to proceed. 85%
of the proposal balance is due upon receipt of the draft traffic study. The Client agrees to compensate
Urban Crossroads on a Task Progress Basis (percentage of job completed) as subsequent work is
completed. Please sign one copy of this scope of work and return it to us for our files, or send us the
agreements utilized by your company. We are looking forward to serving you on this project. This
proposal offer is valid for 60 days.
12505-03 TIA Proposal REV6 URBAN
CROSSROADS
Ms. Elizabeth Kim Exhibit A
Placeworks
January 16, 2020
Page 8 of 9
If you have any questions, please contact me directly at (949) 336-5978.
Respectfully submitted,
URBAN CROSSROADS, INC.
CONTRACT APPROVAL:
Approved by:
Aric Evatt, PTP Title:
President Firm: Placeworks
Date:
12505-03 TIA Proposal REV6 URBAN
CROSSROADS
Ms. Elizabeth Kim Exhibit A
Placeworks
January 16, 2020
Page 9 of 9
EXHIBIT A
BILLING RATES FOR URBAN CROSSROADS, INC.
Position Hourly Rates
Principal 180 — 250
Senior Associate 130 — 200
Associate 100 — 150
Senior Analyst 80 — 120
Analyst 70 — 110
Assistant Analyst 50 — 90
Administrative Support l $60 — 100
General
1) Reimbursable direct costs,such as reproduction,supplies,and messenger service will be billed at cost.
2) Hourly rates apply to work time,travel time, and time spent at public hearings and meetings. For overtime
work,the above rates may be increased 50 percent.
3) Monthly billing statements are due within thirty(30)days of receipt.
12505-03 TIA Proposal REV6 URBAN
CROSSROADS
EXHIBIT C
PLACEWORKS
SERVICE AUTHORIZATION
AMENDMENT NO. 1
PROJECT NO. SJC-12.0 DATE September 19,2019
PROJECT NAME Creekside Planned Community EIR
AGREEMENT BETWEEN:
CLIENT City of San Juan Capistrano CONSULTANT PlaceWorks
STREET ADDRESS 32400 Paseo Adelanto STREET ADDRESS 3 MacArthur Place,Suite 1100
CITY STATE AND ZIP San Juan Capistrano,Ca 92675 CITY STATE AND ZIP Santa Ana,CA 92707
CONTACT Paul Garcia,Associate Planner CONTACT Kara L.Kosel for Elizabeth Kim
Hereinafter referred to as"Client." Hereinafter referred to as"Consultant."
This Amendment No.1 to an existing agreement for services is made and entered into effective as of the date of signature("Effective
Date"),by and between PlaceWorks(Consultant),a California Corporation,and City of San Juan Capistrano(Client).
RECITAL
The Consultant desires to amend,modify and revise that certain Agreement("Existing Agreement")with the Client,entered into on
September 3,2019 to provide Services,as defined therein,and to now amend the Existing Agreement.Except as specifically amended
by this document,all other terms and conditions of the Existing Agreement will remain in full force and effect,without modification.
Now,therefore,in consideration of the above facts and of the covenants and agreement contained herein,the parties hereto agree
that:
Change in total compensation from$244,437.00 to$284,553.00(for revised Urban Crossroads revised scope attached herein as Exhibit
A and includes our 10%mark-up).
Previous Task Amount of this
Tasks Amount Amendment New Task Amount
TASK 2.8 TRAFFIC IMPACT ANALYSIS(INCLUSIVE OF
26,995.00 $40,116.00 67,111.00
MEETINGS/HEARINGS)
TOTAL: $26,995.00 $40,116.00 67,111.00
3 MacArthur Place,Suite 1100 I Santa Ana, California 92707 1714.966.9220 I PlaceWorks.com
PLACEWORKS
CONSULTANT:
CONSULTANT PlaceWorks
STREET ADDRESS 3 MacArthur Place,Suite 1100
CITY STATE AND ZIP Santa Ana,CA 92707
AUTHORIZED
William Halligan TITLE Principal/Vice President/Assistant SecretaryREPRESENTATIVE
I
1-23-20
PlaceWork's Authorized Representative Date
CLIENT:
CLIENT City of San Juan Capistrano
STREET ADDRESS 32400 Paseo Adelanto
CITY STATE AND ZIP San Juan Capistrano,Ca 92675
AUTHORIZED
TITLE
REPRESENTATIVE
Client's Authorized Representative Date
Service Authorization I Page 2
ATTACHMENT 3
61147.00310\33494811.1
Page 1 of 3
AMENDMENT NO. 3
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN JUAN CAPISTRANO
AND
PLACEWORKS
1. Parties and Date.
This Amendment No. 3 to the Professional Services Agreement is made and entered into as
of this ____ day of ___________, 2020, by and between the City of San Juan Capistrano, a
municipal organization organized under the laws of the State of California with its principal place of
business at 32400 Paseo Adelanto, San Juan Capistrano, California 92675 (“City”) and Placeworks,
a California Corporation with its principal place of business at 3 MacArthur Place, Suite 1100, Santa
Ana, CA 92707 (“Consultant”). City and Consultant are sometimes individually referred to as
“Party” and collectively as “Parties.”
2. Recitals.
2.1 Consultant. The City and Consultant have entered into an agreement entitled
“Professional Services Agreement” dated September 3rd, 2019 (“Agreement”) for the purpose of
retaining the services of Consultant to prepare an environmental document for the Creekside
Specific Plan Residential Development Project (GPA 18-004).
2.2 Amendment No. 1. As of February 4, 2020, the City and Consultant entered into
Amendment No. 1 to the Agreement (“Amendment No. 1”) to amend the Agreement to include
additional scope of services and increase the not-to-exceed compensation amount.
2.3 Amendment No. 2. As of September 1, 2020, the City and Consultant entered into
Amendment No. 2 to the Agreement (“Amendment No. 2”) to amend the Agreement to revise the
scope of work to include the Industrial Adjacency Assessment (IAA) and increase the not-to-exceed
compensation amount of the Agreement.
2.4 Amendment No. 3. The City and Consultant now desire to amend the Agreement to
revise the scope of work to provide for ongoing transportation and planning services to the City, as
provided by Consultant and subconsultant Urban Crossroads (“Subconsultant”) in light of the
multiple rounds of review of the Initial Study / Notice of Preparation and anticipated attendance at
future meetings and hearings regarding the same.
2.4 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 3 of
ATTACHMENT 4
61147.00310\33494811.1
Page 2 of 3
the Agreement.
3. Terms.
3.1 Amendment to Section 1. Services. Section 1 of the Agreement is hereby amended in
its entirety to read as follows:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibits “A,” “C,” “D,” and “E.”
3.2 Amendment to Section 2. Compensation. Section 2 of the Agreement is hereby
amended to read as follows:
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B,” “C,” “D,”
and “E.”
b. In no event shall the total amount paid for services rendered by Consultant
(including services rendered by Subconsultant) under this Agreement exceed
the sum of $330,553. This amount is to cover all printing and related costs,
and the City will not pay any additional fees for printing expenses. Periodic
payments shall be made within 30 days of receipt of an invoice which
includes a detailed description of the work performed. Payments to
Consultant for work performed will be made on a monthly billing basis.
3.3 Amendment to Exhibits. Exhibit E as attached to this Amendment No. 3 is
hereby added to and incorporated into the Agreement as Exhibit E.
3.4. Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever
the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this
Amendment No. 3.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 3.
3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
William Halligan
Managing Principal
11-25-20
12505-12 CA#1
AUTHORIZATION FOR ADDITIONAL WORK
November 18, 2020
Ms. Elizabeth Kim
Placeworks
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
SUBJECT: CREEKSIDE TRAFFIC IMPACT ANALYSIS –CONTRACT AMENDMENT #1
Dear Ms. Elizabeth Kim:
Urban Crossroads, Inc. is pleased to submit this proposal agreement to Placeworks (Client) for approval
of the following scope of work to provide on-going transportation and planning services for the Creekside
development (Project) located in the City of San Juan Capistrano.
SCOPE OF ADDITIONAL WORK
The following scope of work represents the additional services necessary to complete this Project:
1. Prepare for and attend an additional hearing (City Council Hearing) as the original proposal
identified participation in up to two hearings, the first being the Planning Commission Hearing
and the second will be the continued Planning Commission Hearing on December 8, 2020.
2. Prepare for and participate in any upcoming meetings between the Client or City staff.
3. Review and prepare responses in coordination with the Client and/or City staff for comments
received on the draft environmental document during the public review period.
PROFESSIONAL FEE
The not-to-exceed fee to accomplish this Scope of Work is $10,000 (to be billed time and materials).
Exhibit A
Ms. Elizabeth Kim
Placeworks
November 18, 2020
Page 2 of 3
12505-12 CA#1
TERMS
If agreeable, this letter serves as our mutual, contractual agreement and authorization to proceed. The
Client agrees to compensate Urban Crossroads on a Task Progress Basis (percentage of job completed)
as subsequent work is completed. Please sign one copy of this scope of work and return it to us for our
files, or send us the agreements utilized by your company. We are looking forward to serving you on
this project. This proposal offer is valid for 60 days.
If you have any questions, please contact me directly at (949) 660-1994.
Respectfully submitted,
URBAN CROSSROADS, INC.
Aric Evatt, PTP
President
CONTRACT APPROVAL:
Approved by:
Title:
Firm: Placeworks
Date:
Exhibit A
Ms. Elizabeth Kim
Placeworks
November 18, 2020
Page 3 of 3
12505-12 CA#1
EXHIBIT A
BILLING RATES FOR URBAN CROSSROADS, INC.
Position Hourly Rates
Principal $180 – 250
Senior Associate $130 – 200
Associate $100 – 150
Senior Analyst $80 – 120
Analyst $70 – 110
Assistant Analyst $50 – 90
Administrative Support $60 – 100
General
(1) Reimbursable direct costs, such as reproduction, supplies, and messenger service will be billed at cost.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime
work, the above rates may be increased 50 percent.
(3) Monthly billing statements are due within thirty (30) days of receipt.
Exhibit A