20-0204_PLACEWORKS_Agenda Report_E92t4t2020
E9
City of San Juan Capistrano
Agenda Report
TO Honorable Mayor and Members of the City Council
FROM: tånj^ 'H Siegel, City Manager
SUBMITTED BY: Joel Rojas, Development Services Director
PREPARED BY: Paul Garcia, AICP, Associate Planner ?vQ
DATE: February 4,2020
SUBJECT First Amendment to the Professional Services Agreement with
Placeworks for the Preparation of an Environmental lmpact Report
for the Proposed "Creekside Specific Plan Residential Development
Project" Located at 30700 Rancho Viejo Road (Property Owner: SA
Cosman & Damian LlC)(Applicant: lntegral Partners Funding, LLC)
RECOMMENDATION
Approve and authorize the City Manager to execute Amendment No. 1 to the Professional
Services Agreement with Placeworks for the preparation of an Environmental lmpact
Report, pursuant to the California Environmental Quality Act (CEQA), at a cost not-to-
exceed $284,553, to be funded by the applicant.
DISCUSSION/ANALYS¡S
On September 3,2019, the City and Placeworks entered into a Professional Services
Agreement (PSA) for the preparation of an Environmental lmpact Report (ElR) 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. lt was subsequently determined that the
Traffic lmpact Analysis (TlA) would need to include additionaltechnicaltasks not included
in the original scope of work. The proposed PSA amendment (Attachment 2) would
increase the cost of Placeworks' scope of work by $40,116, from $244,437 to $284,553.
The Applicant supports the proposed PSA amendment.
FISCAL IMPA CT:
There is no fiscal impact to the City. The cost to prepare the Environmental lmpact Report,
including the additional technical tasks related to this PSA amendment, will be solely
funded by the project Applicant.
City Council Agenda Report
February 4,2020
Paqe 2 of 2
ENVIRONMENTAL I
ln accordance with CEQA, the recommended action is exempt from CEQA per Section
15061(bX3), 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 technicaltasks would not be an activity with potentialto
cause significant effect on the environment, and therefore is exempt from CEQA.
PRIOR CITY COUNCIL REVIEW
a On September 3, 2019, the City Council approved and authorized the City
Manager to execute a Professional Services Agreements with Placeworks to
prepare an Environmental lmpact Report for the proposed Creekside Specific Plan
Residential Project.
OMMITTEE/BOARD REVIEW
Not applicable.
NOTIFICATION:
lnterested Parties Notification List
lntegral Partners Funding, LLC
Placeworks
ATTACHMENT(S):
Attachment 1 - September 3,2019, PSA with Placeworks
Attachment2 - Amendment No. 1 to PSA with Placeworks
CITY OF SAN JUAN GAPISTRANO
PROFESSIONAL SERVIGES AGREEMENT
This Agreement is made and entered into as of 2019bV and between
under the laws of thethe City of San Juan Capistrano, a public agency organ and operating
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. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Comoensation.
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."
b. ln no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of 8244,437. 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. AdditionplWork,
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 outtining the changes shall be fon¡uarded 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 Rec_ordq.
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. Çomnliance 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 toxÌc substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Carq
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 condítions.
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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 Feneral Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability 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.
(iii) Commercial General Liability lnsurance must include coverage
for the following:
(1) Bodily lnjury and Pioperty Damage
. (2t Personal lnjurylAdvertising 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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aga¡nst 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 tiability 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 deductlbles shall not apply to the City as an additional insured.
b. Automobile Liabilitv
(i) At atl 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 vehícles, 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).
(ii¡) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers'Compensation/Emplover's LiabilitY
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers' compensation or to undeftake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and 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 fErlors 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 Reouired
(i) The following insurance limits are required for the Agreement:
Comþined Single Limit
Commercial General Liabitity $1,000,000 per occurrence/$2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Líability $1,000,000 combined single limit
Employer's Liability $1,000,000 per accident or disease
professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits'
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
thé parties required to be named as Additional lnsured pursuant to this Agreement.
f, EvidenceBequired
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
e{uivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authbrized officer, agent, or qualified representative of the insurer and shall certify the
names oi tne 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. PoJicY ProJisions Recuired
(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 coveÍage 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 complrance with these specifications to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City,
añd snall 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. Qualifuino 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.
i. Additional lnsurance ProYisions
(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 indemnification.
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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.
(¡¡i) 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. 9uþoonsulTar,rt lnsurance ReouirçmeBts. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. lf requested by Consultant,
City may approve different scopes or minimum limits of insurance for padicular subcontractors
or suþconsultants.
12. lndemnification.
a. To the fullest extent permitted by law, Gonsultant shall defend (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,
tiãOitity, 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" services (as that term is defined under
Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8,
which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, and, upon Consultant obtaining a final adjudication by a court of competent
jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the
Consultant's proportionate percentage of fault.
13. CaliforniaLabor.CodeReouirements.
a. Consultant is aware of the requirements of California Labor Code Sections
fiZA 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 parl of an applicable "public
works" or "maintenarÌce" 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 Sectian 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
1771.1shall 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. tt 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 Gonsultant'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 Emplovment Eliqibilitv.
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 Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Reserved.
16. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
lf any action is brought to interpret or enforce any term of this Agreement, the action shall þe
brought in a state or federal court situated in the County of Orange, State of California.
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17 Termination or Aþandonment
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 andior being abandoned. City shall pay Consultant the reasonable value of
services rendered for any poftion 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
compensatìon 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.
1B Documentg. Except as othennrise provided in "Termination or Abandonment,"
above, all originalfield notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
19. Oroanization
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 Aqreement.
This Agreement is limited to and inctudes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
324A0 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Paul Garcia, Associate Planner
CONSULTANT:
Placeworks
3 MacArthur Place, Suite, 1 100
Santa Ana, CA 927A7
Attn: William Halligan, Esq.
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and shall be effective upon receipt thereof.
22. Third.Pa$v Riqhts
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
23. Eoual Opportunitv Employment.
Consultant represents that it is an equal opportunity employer and that it shaÌl 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 recruítment advertising, layoff or
termination
24.Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each Party acknowledges that no representations,
inducements, promises or agreements have 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. Severaþilitv
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 Assions
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 othen¡vise 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 Right to Enploy Other Consultants
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City reserves its right to employ other consultants, including engíneers, in connection with
this Project or other projects.
30. Prohibited lnterests
Consultant maintains and warrants that it has not emp[oyed 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 FOLLOWING PAGEI
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STGNATURE PAGE F'OR PROFESSIONAL SERVICES AGREEMENT
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
Benjamin Siegel
City Manager Its:Se<,¡<
l4t"-
By:By:
Printed I 1n
ATÏEST
By
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
6r l4?.001 l0\32288720 I
12
By:
Its:
el
City
By
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
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 CAP PLACEWORKS
ATTEST:
By:
rk
APPROVED AS TO FORM:
By:
City
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12
EXHIETT A
@NPLAcEïroRKs
August 22,2A19
loel Rojas, Director of Development Services
City of San Juan CaPislrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Proposaito Provide Envìronmental lmpact Report and Technical Servìces for Creekside Specific Plan
Residential Development Project ìn San Juan Caprstrano iP2019-0223S)
Director Rojas:
Thank you for the opportur-rity to propose our envìronmentaland technical setvices for Creekside Specific Plarr Prcject
(proposed project) in the City of San Juan Capistrano. We understand your obiective for defensible environmental
documentation and your desire to move forward with the proposed project in a tlmely and thorough manner. We will
ensur-e 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 initiated 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 environmental impact report (ElR) would be the appropriate environmental documentation for
the proposed project. Based on our revlew of information and our u nderstand¡ng of CEQA, we agree that the proposed
project should be processed w¡th an ElR. it 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,
tsq., principal, will serve as principal-in-charge and be responsible for overall legal defensìbilìty and quality control of
the environmenlal and technical documents. Bill will be assisted by Elizabeth KÌm, Senìor Associate, with the day-tû-
day project management of the project team and overall preparation of the ElR. Flizabeth has over 17 years of
experience in preparing and managing various CEQA documentation. The project team will be supported bV 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 bmittal. As Principal, Environmental Services,
I am authorized to bind PlaceWorks and the pro.ject team to the contents of this proposal.
We look forwarrj to working with you to bring about the successful completion of this project. lf you have any
questions regarding the contents of this proposal, please feel free to contact the undersigned.
Respectfu lly subm itted,
PLACEWORKS
William Halligan, Esq,
Managing Principal, Environ mental Services
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Understonding of the Proiecl
PROJECT LOCATION
The proposed project would be developed on a 15.3-acre slte in the City of San luan Capistrano that currently is
developed with a one-level industrial burlding, previously used for manufacturing by the Endevco Corporation. The
building is at 30700 Rancho Vìejo Road, at the southeast corner of Rancho Viejo Road ¿nd Malaspina Road. The proiect
site is currently accessed via two driveways from Rancho Viejo Road and a driveway from Malaspina Road.
EXISTING USE
The proiect site is developed with 123,000 square feet of vacant building and associated surface parking lot,
driveways, and walkways. The building has been vacant s¡nce 2013, and has been an ongoing source of code
enforcement issues related to graffiti. poorly maintarned vegetation, illegal dun.rping, and unauthorized entry.
SURROUNDING USES
The proiect site is surrounded by general open space to the north and northeast; industrial park to the north; single'
famlly detached residential to the east and southeast with a medium density (lU 2.3 MDi and medium low density
(LU 2.2 MLD); and office/industrialuse to the south (1.e., Fluidmaster lnc.). The east medium density and the southeast
medium low densìty residential areas ãre zoned PC {CDP86 4} with a density of 3.6 to 5.0 units per acre and 2.L to 3.5
units per acre, respect¡vely. Beyond the medium density and medium low density resìdential uses is a golf course use
designated as open space recreatÌon. lnterstate 5 is south of Rancho Viejo Road. Beyond open space area to the north
and northeast is Malaspina Estates, a very low density resìdential (LU 2.0 VLD) area with a maximum density of 0.4
unit per acre and mìnimum lot area of 2.5 acres.
PROJECT DESCRIPTION
The Appiicant for the proposed project, lntegralCommunities, is proposing to demolish the existlng 123,000-square-
foot building and redevelop the 15.3'acre project site w¡th up to 1B8 residential units.
The proposed project would construct 63 detached units on cottage lots (2,072 square feet), 51" detached units on
trad¡iional lots (2,460 square feet), and 74 attached townhomes (13 buìldings), for a total of 188 units.
Detached residential units would be placed on approximately 8.85 acres along Rancho Viejo Road w¡th a density of
12.88 units per acre, and townhomes would be placed near the eastern edge of the sìte near the rear slope on 3.95
acres with a density of 18.7 units per acre. We understand that the densìty of different housing types may change
upon further development of the proiect.
The proposed project would require the followìng discretionary actions f rom the City Council:
> General Plan Amendment to change the General Plan land use designation from lndustrial Park lo Specific
Plan/Precise Plan.
> ZoneChangefromlndustrìalParktospecificPlanthatallowstheAppticanttocreatealanduseplanfortheproject
s ite.
> Architectural Control for construction of the proposed project.
)) Tentat¡ve Map approval for all su bdivision creating five or more lots
> GradingPlanModificationtochangegroundelevationforprimarystructuresoftwofeetorgreaterfromwh¿twas
previously approved.
August 22, 2C19 | Page 2
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)) Tree Removal PermÌt is required to remove lrees with trunk diameters greater than six inches measured three
feet above grade.
Scope of Work
The following scope of work has been prepared in accordance with the City's expectation and our understanding of
the proposed project pursuant to CEQA. Our scope of work assumes that PlaceWorks wtll provide comprehensive
environmentâl services and all the proceciural steps needed for CEQA, ìncludìng the ìnitial study, technical studies
needed to support the ElR, notìcing requirements, responses to comments, statement of overriding considerations (ìf
needed), and findings. The EIR will address all potential impacts and provide mit¡gat¡on measures if necessary and
where feasible.
TASK 1. PRCIJECT ¡NITIATION AND KICK-OFF
Underthis task, PlaceWorks'PM ancl the PIC wìll partìcipate ¡n a project initiation/kick-off meeting with City staff, the
Applicant, and the p.oject team to discuss the proposed project and the project objectives; identify anydata needs
and gaps; and confirrn the project approaclr, scope, and schedule. For tlre meeting, we will inìt¡ate a discussion of the
project's potential issues and opportun¡ties as observed by Cìty staff. Based on the discussion, PlaceWorks will prepare
a comprehensive project descrlption that includes all informatìon requirecl to define the proiect for CEQA and will
circulate the description for input.
Deliverable(s):. Project DescriPlion. Kick-off meeting attendance
TASK 2. TECHNICAL REPORTS
It ¡s expected that the Applicant will provide the following technical reports for review and tncorporation ¡nto 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 âdequately evaluate impacts associated with the proposed
p roj ect.
> Conceptual Site Plan, Landscape Plan, Grading Plan, and Building Elevations/SectionsfRenderings
> Existing conditions plans
)) Construction related data (e.g., overall schedule, phasing schedule, construction equipment mix list per each
construction phase, soils haul volume, etc.)
> Hydrology and Water Quality Tech Memo
) Water and Sewer Capacity Tech Memo
It is our understanding that although a geotechnical report has not been prepared, LGC Geotechnicalls 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 revlew the geotechnical report prepared
by LGC for adequacy and coordinate with the City andlor LGC for supplemental information or clarifìcation for
purposes of CEQA applicabiliiy,
ptaceWorks and its subconsultants will prepare the following techn¡cal analyses/studies (Tasks 2.1 through 2.8) in
support of the ÊlR.
> Air Quality and Greenhouse Gas lmpact Analysis (PlaceWorks)
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> tsiologicai Constràinls Survey (Cadre Environnrental)
> Specinren Ìr'ee Report (Dudek)
r> Cultura, Resources Records Search (Cogstone)
> Phase I Environmenlal Assessment {PlacevVorks)
)) Noise lrnpact Analysis {PlaceWcrks)
> Traffic lnrpact Analysis (Urban Crossroads)
Task2.1 Visual-AestheticSimulationAnalysis{Placeworks)
PìaceWorks' in house graphic designer wil! create up to five visual simulatrons to adequately evaluate the potentìal
aesthetic and visual character ¡rnpacts of the proposed project on the surrounding community. The five vantage points
will be selected in coordinatian with City staffand based on public input.
A digitai rrass model of the site will be created based on building elevatlons of the proposed development. The
informatìon from the digital mass model will be superimposed onto photographs of the existing site to accurately
portray the proposed builCìrrgs and the change in visual character of the site. The srrrrulations will be presented as
"before and after" graphics. I'o complete this task, it is assumed that the project applicant will provìde CAD files of
the sìte plan from the architect and GIS data from the City. Once completed, the visual sirnulatìons will be provided
as graphics in the Aesthetics section of the lnìtial Study and/or EiR.
Deliverable(s):. Visual simulations, to be included as exhibits in the lnitial Study and/or IlR
Task 2.2 Air Quality ând Greenhouse Gas Emissions Analysis (PlaceWorks)
PlaceWorks will prepare a technlcal anaìysis to evaluate potential air qualrty arrd GilG emissions ¡mpacts associateC
with the proposed project. lmpacts will be based on the current methodoiogy of the South Coast Air Quaiìty
Management District (SCAOMD) for projects within the South Coast Air Basìn (SoCAB). Modelìng will be conducted
using the California Emissions Esiimator Model (CalEEMod) and wiil be included as an append¡x to the DEIR.
'ì) Construction Phase: ?laceWorks will estimate constructlon emissìons from demolition of the former Endevco
Corporatron building and development of the proposed land uses. The construction-phase regional emissions
inventory will be based on the constructìon schedule, includìng duration for each construction subphase,
ant¡cipated equipment for each subphase, and estimated soil haul volumes (if applicable) and demolìtìon debrìs
amount, as provided by the Applicant. For purposes of thìs scope, it is assumed the proposed project would be
developed in one general phase. Project-related construction emissions will be cornpared to the SCAQMD
regional signifìcance construct¡an thresholds. Localized air pollution impacts from onsite construction equìpment
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 srgnificant regional
and/or localized air quality impacts. A constructìon health risk assessmenI is not proposed. lt is assumed thai
construction-related risk can be descrìbed qualitatively based on the LST analysis.
>> Operatlonal Phase The proposed project would generate emissions from project-related transportat¡on sources,
area sources (e.g., landscaping fuel, arch¡tectural coatings, consumer products), energy sources (e,9,, natural gâs,
electricity), water and wastewater use, and waste generation" PlaceWorks will quantify the long-term criteria air
pollulant ¿nC GHG emissions for the proposed pr-oject at full buìldout. Emissions will be based on the land use
types proposed. ln addition, the analysis will utìlize the vehrcle trip generation data for the proposed land uses,
as provìded by Urban Crossroads. Total emissìons from construction activities wili be amortized into the GHG
emissions inventory. The project-related criterra air pollutant emlssions will be compared to lhe SCAQMD's
srgnificance threshclds.
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> Other Areas of lmpact; The SoCAB is currently designated nonattainn'ìent under the National and/or California
ambierrt air-quality standards (AAQS) for ozone {O:), fine inhalable particulate matter (PM¡s), coãrse inhalable
particulate matter-(PMro), niirogen dioxide (NOz), and iead. The SCAQMD has adopted the 2016 Air Quality
Management Pian (AQMP) to ensure the SoCAB can attarn the long-lerm lrlational and Caiifornia AAQS. The air
quality analysìs wili irrclude a consistency evalu¿tion of the proiect's regional emissions to SCAQMD's AQMP.
Furtherr¡ore, the SoCAB has been desìgnated ¡n altainment for carbon rrronoxide (CO) under cotn the California
and National AAQS. PlaceWorks wiil include a quaiitative assessment of CO hotspots and potertial odor
generatio n.
* project Cons¡stency with Plans Adopted to Reduce GHG Emissìons: Ihe GHG section will discuss the GHG reduction
goals of Assembly Bìll 32 {AB 32}, Senate Bill 32 (SB 32), and SB 375. To achieve the GHG reduction targets of AB
32 and 58 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 lransportat¡on plan/sustainable
commrrnities strategy |\201.6-?A40 RTP/SCS) to ensure that the southern California region can ¿tta¡n the regional
transportat¡on related Gl-lG reduction goals of SB 375. Pr-oject consistency with these statewide and regionalGHG
emissions reductron plans and program will be reviewed
Deliverable(s):. Aìr Qualìty and GHG Analysis and Modeling to be included as an appendix to the tlR
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 foliowing tasks will be conducted rn a collectìve effort to characterize existing biological
resource conditions, determìne the presence/absence of sensitive natural resources, and develop documentation ìn
support of an ElR,
A review of the current California Department of Fish and Wildlife Natural Diversity Database, California Native Plant
Society's Ilectr-onic lnventory of Rare and tndangered Vascular Plants of California, and Un¡ted States Fish and \l/ildlife
Service sensitive species and critical habitat databases will be conducted prior to initiatrngfield investigations in order
to identify any potential threatened or endangered species and/or critical habiiats known to exist within andfor
adjacent to the project area.
The site assessment will include a deìineation of all general vegetation communities present wilhin the project site,
and the finclings will be ìncorporated into a Geographic lnformation System for use during further environmental
compliance,/engineering analyses (State Plane NADB3, Zone 11 '- feet), if warranted. The vegetation communities
would be mapped based on the 2013 Vegetation Classification System developed for the Orange County Central and
Coastal Subregions NCCP/HCP habìtat reserve system, Cadre Fnvironmental wìll conduct a fìeld reconnaissance and
general biological survey of the entire project srte to identify changes ìn the onsite habitats that may represent
potential habitat for any threatened, endangered, or otherwÌse sensitive species or habitats, including, but not limited
to:
> Special stãtus sensitive Plants
> Coastal California gnatcatcher
r) Least Bell's vireo
lf it is determ¡ned during the fleld survey that any focused survey is necessary, the City will be notified and a separate
and scope and cost will be provided. ln addìtion to conducting a biological resources habitat assessment, an analysis
will be conducted to identify any areas with in or adjacent to the project site that may fall under the jurisdict¡on of the
US Army Corps of Engineers, Caiifornia Fìsh and Wìldlife, or the Regional Water Quality Controi Board (regulatQry
resources).Although this will not include a formaldelineation, it wiil characterize the potential cônstraints associated
with "waters of the United States" and "waters of the state" ihroughout and adjacent to the property, if present.
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Deliverable{s):. Biological Resources Constratnts Report
Task 2.4 Specimen Tree Report {Dudek}
It is our understanding that lhe proposed project would require removal or reiocation of all trees on the property,
and the City requires Tree Remcval Perrnit io remove trees lvith trunk clìameters greater than six inches measur:ed
three feet above grade. lt appears from the aeria j photogr"aph that there may be as many as iCO tr'ees on the proiect
site, Therefore, a specímen tree report will be prepared by Dudek.
>> Field Tree lnventory and Data Processing: lndividual tree location mapping wlll be conducted using a Trimble
pathfinder Pro XH Global Positioning 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 ìf they btock the ;ine of sight to sateilites, 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
hori¿ontal accuracy rarrge of 0.1 to 0.5 feet, and the dÌgital compass has an accu¡acy of 0.3 degrees. The
EDlvllcompass combination aiso operates in concert wìth the Pathfinder Pro XH system to position offsets for
trees, should they be necessary. This offset information ìs automatically downloaded and attached to the GPS
positìon data string, D¡gital tree locatÌon informatiorr will be stcred and managed in the fieìd using a Trimble Geo
7X datalogger clirectly connected to the Pro XH receiver. -iree attribute data (species, trunk diameter, height,
crown spread, health, ¿nd structural condition), collected simultaneously wrth feature positions, will also be
linked to tree location information and stored in the datalogger.
Followìng fielcl clata collection, raw tree {ocation arrd attribute information will be uploaded to PCs and managed
utilizìngTrimbie GPS Pathfìnder Office (v. 3.10) software. Raw data files will be differentially corrected, managed,
and exported in appropriate GIS or computer-aided drafting (CAD) formats, suitable for further spatial analysis
a nd/or exhibit preparatìon.
Based on up to 100 trees, Dudek est¡mates one fieid day will be required to complete the freld phase of this
pro;ect. We will measure size (height, canopy spread to drrp lìne, and trunk diameter), and determine tree
heallh/structural condition. For eaclr inventor¡ed 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 coìlected.
Following field mapping and tree evaluation efforts, Dudek will process all raw GPS information and generate an
ASCII file that is imporiable to GìS software, Dudek will reduce all tree attribute information to useable summaries
and provÌde an electronìc Excel table of this information to be used in preparation of the arborist reports.
>> Specimen Tree Repofts:Following completion of the tree inventory and evaluation, Dudek will prepare a spec¡men
tree report and assocìated tree location exhibits. The report will detail observations, methods, results, and
recornmendations. A tree informat¡on matrix will be prepared that provides tree attribute information in an [xcel
spreadsheet that corresponds to the tree location exhibit for the specific report. The tree locat¡on exhibits will
include tree trunk locatlons in relation to structures and improvements. The reports wìli include additionai
information, primarily an evaluation of the tree impacts, measures to minìmize 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 lhat are to be protected on site, if any.
The costs associated with this scope assume that tmpacts will be assessed based on one project alternative.
Modifications to project design requiring a reevaluation cf tree ìmpacts and edÌts to the arborist reports \¡/ill be
billed on a time-and-material basis according to Dudek's fee schedule. The flrm will provide an electronlc copy
(pDF) of the first draft report for review and anticipates an internal project team review ¿s well as one City revÌew
cycle and edìt cycle. Five copies of the specimen tree report and related exhibits will be provided for City revìew
and of the frnal reports.
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Deliverable(s):. Specimen Tree Report
Task 2.5 Cultural Resources Report (Cogstone)
placeWorks willretain Cogstone to conduct cuituralresources investigatìon as descrlbed below"
> Background Research, Ðatã Collection, and Native American Consultatlon
a. Cultural Resources Reco¡ds Search: Cogstone will reqLiest a records search for cultural resources within a
0.5-mile radius of the project area f rom the South Centrai 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
o bta irred,
b. Native Arrerican Scoprng: Cogstone will request a Sacred Lands File search from the Native American
Heritage Commission (NAHC). Cogstone will draft and mail, via US Cerlif ied Mail, a project infornration letter
to the recommended Native American individuals, groups, or tribes provided tly the NAHC.
c. paleontological Records Search: Cogstone wlll request a records search for paleontological resources from
the Los Angeies County Museum of Natural History (LACMNH).
d. BackgroundResearch:Conductresearchtodevelopi.¡rief contextsforculturalandpaieontological resources.
>¡ Fieldwork:Cogstone wì11 provide a quaiified archaeologist and cross-t¡-ained paleontologist to conduct an intensive
pedestrian survey of the entire 16-acre project area. it is assumed that no archaeological sites will require
recording or updaling on Department of Parks and Recreation 523 (DPR 523) forms.
>, Repoft Preparation:fhecultural resources report will be prepared to include a summarY of the results of the record
search, field survey, and previor"rs consultation elforts to determìne baseline conditions and assess potentìal
impact to cultural resources resulting from the project. All pertinent or necessary data will be included in the
techn¡cal report. This scope includes one round of comnrents from the City prior to producing the final report.
>> AB52andSBlSCoordinatior.-PursuanttotherequirementsofsenateB¡ll lsfortheGeneral PlanAmendmentand
Assembly Bill 52, PlaceWorks will coordinate closely with the City to comply with the tribal notificatìon process.
placeWorks, in coordination w¡th Cogstone, will draft a notification letter for the City to send out per SB 18 and
AB 52. However, per the regulations, the C¡ty is requìred to manäge the notìfìcation 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 repo¡1.
. Tnbalconsultatìon and notification letter sample in compliance with AB 52 and SB 18
Task 2.6 Phase I Environmentalsite Assessment (PlaceWorks)
The Phase I will be conclucted in accordance with the American Society for Testing and Materials (ASTM) Standards
on Envirorrmental Site Assessments, ASTM E 1521-13 {ASTM 1527-13). The goai of an ASTM Phase I is to evaluate site
history, existing observable conditions, current site use, and current and former uses of surrounding propertìes to
identify the ootential presence of Recognized Environmental Conditions (RECs) associated wlth the site, Recognized
Fnvironmenlal Conditions are defined in ASTM E 1521-13 as "the presence or likely presence of any hazardous
substances or petroleum products on a property under condìtions that ind¡cate an existing release, a past release, or
a material tbreat 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 laws. Ihe term is not intended to ìnclude de minimis conditions
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that generally do not present a material risk of harrl io publ¡c health or lhe environrrent ând ¡hat gerrerally would
not be the subject of an enforcement a{-liôn if brought to the attention of appropriate governmenlal agenoes "
Ihe phase I scope of work described below has been developed to be ccnsistent with the ASTM E 1527-13 Standarc,
based on our current lncierstanding oi the site, The Plrase I cons¡sts of lh¡ee primary tasks that ilrcìude bôth ASIM-
requirecl ancl discretionary activitìes: Recoris Review; Site Reconnaissance and lnterviews; and Report Preparation.
lhe scope of work specific tc this project is described below.
> ßecords Review:PlaceWorks will assemble and review readily available informatiorl orr site history and usage as it
relates to the presence of h¿zarclous substances and petroleum products tnat would constitute RECs on the site.
The ASTM standari lists mandalory and discretionary records for review
We will review inforrnation frorr the mandatory databases wìthin the ASTM-specifred search radii. The mandatory
clatabases include: NPL, CERCLIS, CERCLIS NFRAP, ERNS, RCRA non-CORRACTS TSD, RCRA CORRACTS TSD, RCRA
Generatoi-s, State Hazardous Waste Sìtes, Stãte Landfills and Solid Waste Disposai Sites, Registered Underground
Storage Tanks (USTs), and Leaking LjSTs. We intend to use an electronic database service to provide a report
summarizing information from the required records, and will rely on the database service to conform to ASTM
requirements for currency of the infor:-nation. Should the database search report identify {¡sted sites wilh the
potential to ìmpact the subject sìte, PlaceWofks may review the federal or state files pertairring to the 1ìsted sites,
as reasonably ascertainable anrl practicaliy reviewable. The budget does not include costs for review of files by
more rhan one agencv.
A 7.5-minute US Geological Sur"vey topographic map wìll be used to evaluate lhe physical setting in the sìte area
and will be supplemented by discretionary revrew of readily available informatron concerning surface topography,
surface water, soì1, bedrock, and groundwater conditìons on and in the vicinity of the project site. HÌstorical and
cLrrreiìt aeriai photographs of the properties a ncl surrounding a rea will be compiled through a photograpl' 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 v¡s¡t the site and view interior and exterior conditions to ãssess
the nature and type of activities that have been conducted at the site with respect to potentìal RECs. PlacelVorks
will observe and document visible evidence of current and past usage of the property, particularly related to
potential filling, previous structures, sewage disposal systerns, hazardous substances, petroleum products,
storãge tanks, and evidence of spllls or releases of hazardous substances or petroleum products. We understand
thatyou will make allareas of the site accessibìe to our representative(s) forthe sitevisit, For budgeting purposes,
we have assumed that all ãreas of the site wìll be made accessible and will be seen ¡n one site v¡sit.
Our observations and conclusions related to the s¡te reconna¡ssance may be limited by prevailìng wealher
conditions or other s¡te conditions at the tinre of our site visit. Cur report will ìnciude a discussion of factors limiting
our site reconna¡ssance, if applicable.
lf knowiedgeable persons are identifiec{ and can be interviewed, interviews will be conducted.The ASTM Standard
requires that Interv¡ews be performed with a "Key Site Manager" and with representat¡ves of building occupants.
ln accordance with ASTM, a reasonable attempt wili be made to ìnterview 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 occupanls whose operations could
indlcate RECs in connection with the property. We request thai the current owner(s) or representative(s) be notìfied
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 investrgations and audits
of the property are marle available, as weli as other inforrnation related to storage, use, or release of hazardous
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substances or petroleum products at the slte, such as environmental pernrits, registrations fcr tanks, nrateria! safety
ciata sheets, or waste clisposal records, rf applicable.
>> Data Evaluation and ßeport Preparation:PlaceWorks will interpret the inforr¡ation ancl data assembìed from the
two tasks above, and will formu late conclusions regarding evldence of RECs at the site and their potential impact
on the slte, As required by ASTIr/, our final report wìll tnclude a slatenlent indicalrng that lhe work was conducted
consistent with the scope and limitations of the ASTM Starrdard, and discitsslng whether RECs were or were not
identìfied ¡n connectton with the property.
lJser,pravtded lnt'ormation:The ASTM Siandard requires disclosure in the Phase I report as to whether the user of
the report has specialìzed knowlerlge about previous owner-ship or uses of the pro0erty that may be materìal to
identifying RFCs, or whether the user has deterrnined that the property's Title conta¡ns envìronmental liens or other
inforinatìon related to environmental condìtion of the prcperty, includìng engineering and institutìonal controls
and Activity and Use Lirnitations, as def ined by ASTM. ln addition, we are requrred by ihe ASTM Standard lo inquire
whether the user of the report has prìor knowledge that the price of the properiy has been reduced for
environmental related reasons. We request that you pro'ride this infornlation to us for inciusìon in our report.
No subsurface explorat¡ons or chernical testing of soìls or groundwater will be per-formed during thts assessment.
Therefore, our conclusions regarding the evidence of RECs wiil be based on observations of existing vlsible
conditions, and on our interpretation of site history and site usage tnformaiion.
The ASTM E 1521-I3 Standard includes the followirrg lìst of "additìonal issues" that are nonscope considerations
outside of tlre scope of the ASTM Phase I practìce: Asbestos-containing materiais, radon, leacl-based paint, leaC in
drinking water, wetlancls, regulatory compliance, cultural and lristorÌc risks, ìndusirial hygiene, health and safety,
ecological resources. endangered species, ìndoor air qualìty, and high voltage power lines. Assessntent of these
items is not included ìn our proposerl work scope. A limìted assessment of the presence of poiychlorinated biphenVls
(pCBs) is included in the ASTM work scope, Accordìngly, our assessment of the presence of PCBs is lrmited to those
potential sources specified in the ASTM Standard as "electrrcal or hydraulic equipnrent known or likely to conta¡n
pCBs to the extent visually and or physically observed or identified fronr the interview or records review.50-year
chain-of-title will not be provÌded under this scope of work. lt is, however, recommended that the purchaser
independently obtain title records to confìrm the absence or presence of any environmental liens against the
properties.
Task 2.7 Noise {PlaceWorks}
placeWorks will evaluaie potential noise and vibrat¡on impacts for the construction and operational phases of the
proposed project. The impact assessment document will discuss relevant cr¡teria for noise exposure based on
applicable federal, state, ancl loc¿l standards ¿nd ordinances, including those in the municipal code and general plan
noise element. The dominant noise source ìn the project area is traffic f rorn lnterstate 5 (l-5), Rancho Viejo Road, and
local residential streels. Secondary noise sources woLrld include rail noise from the Southern Callfornia Regional Rail
Authority (SCAX), approximately 0.35 mile west of the site.
placeWorks proposes to assess existing concjitions and identìfy the nearest sensitive receptors and other
environmental characteristics, based on PlaceWorks experìence of similar noise environments, aerial photography,
s¡te plans, and project s¡te pholos. Given the roadway confìguration around the proiect site, traffic noise is expecied
to be the dominant ambient noise source in the area, both now and at project buìldout, Therefore, no fieid
measurements of ambient noise levels are indicaled, and existing conditions will be addressed vla availab{e traffic
data and noise contours.
Long-term operational no¡se impacts wìll be primar-ily related to proiect-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'
Augusi 22, 2019 I Page 9
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Project-relaied construction noise will temporarìly elevate the ambient noise environment above exrsting conditions.
An assessment of temporary noise and vibratìon ìmpacts during site preparation and project construct¡on activìties
will be conducted rrsing industry-standard analysis techniques and using construction-related data to be provided by
the Applicant (e.g., constructìon schedule. equipment mìx, hauling, and truck trip information (as stated in Task 2
introcluction). Vibration ¡mpacts will be assessed per criteria in the FTA's guideline document on noise and vibration
¡m0act assessment.
The findìngs of the technical analyses and impact assessment will be provided in a noise atrd vibration section of the
EiR, alorrg with mitigation measures (should they be indicated for any identified noise and vibration ìmpacts).
Deliverable(s):. Noise Analysis and Modeling to be included as an appendix to the EIR
Task 2.8 Traffic lmpact Analysis (Urban Crossroads)
PlaceWorks will retain Urban Crossi'oads to evaluate potential traffic impacts of the proposed prolect 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 analysìs. lf during the traffic
study scoping process, the Cìty decides to alter or change any of the key assumptìons used to develop this scope of
work, PlaceWorks wìll notify the City of the potential addiiionalcosts assoctated with the change ln scope.
> TrafficStudykapírgAgreementProcess:Aformaltrafficstudyscopìngdocumentwill besubmittedtoCitystafffor
review and approval prior to commencement of the traff ic analysis.
a. Calculate project-related vehicle trips based on tfie lnst¡tute of Transportation Ëngineers (lIE)Trip Generation
10th edition (2017) trip generat¡on rates.
b. Determine project trip drstrlbution 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 d¡stlibution patterns, establish the required study area
intersections to be evaluated in the traffic impact analysis based on the Cìty of San Juan Capislrano traffìc study
guidelìnes or as dìrected by the lead agency.
d. ldentify known cumulatìve development projects and ambient growth patterns
e. Prepare a draft of the traffic study scoping assumptions and submit ¡t to the jurisdiction for review and
approval.
f. lnterface with jurìsdiction staff to finalize the traffic study scoping agreement.
>> Exísting Traffic Data and ExlstÌng Roadway Condftíons 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 ¡ntersections, and through travel
lanes along segments.
a
c.
> Opening Yearand Horizon Year(2040) Traffic Proiections
August 22, 20i9 I Pâge 10
PLACE!(IORKS
a.Opening Year traffic projections lvill be developed through the use of an ambient growth factor along witlr the
addition of known cumuiative developmenl projects ìdentified by City of San iuan Capistrano planning staff. lt
ìs estinrated thal up to 25 indlvidual cumulative development projects may need to be included in this traffic
a nalysìs.
b. 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.
c. Calculate cumulative Openrng Year and Horizon Year (2040) peak hour turning moveûìent volumes for up to 6
study area intersections.
d. Calculate cumulative future average daily traffic {ADT) volumes on study area roadway segments
,> lntersection and Roadway Operations Analysis
Assess the intersection capacity and Level of Service {LOS), using both ICU and HCM methods, for up to 6 study
area inlersections, for each of the following traffic conditions:
. Êxisting (2018)
. Exìsting Plus Project (t+P)
. ExìstìnB Plus Project Plus Cumulative {Near-term). Existing Plus Project Plus Buildout {Horizon Year 2040 Wìth 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 intersecfìon improvements that would maintain acceptable intersection and roadway
pedormance at the study intersections and roadways for each of the f uture irafflc condltìons described above,
d. Calculate the project's fair sh¿re for the significant off's¡te impacts consistent with City Council Policy 111, FaÌr
Share Methodology.
>> lraffic fiþnal Warrant Analysis: Alraltic signal warrant analysis will be provided at the ìntersection of Rancho Viejo
Road and major access to the site based on peak hour volume warrant (Warrant 3) from the latest California
Manual on Uniform Traffic Control Devices (CA MUTCD).
> ßespønse to Comments on the Ðraft Traffíc lmpact Analysis:This scope includes one round of review and revision
of the Traff¡c lmpact Analysis, PlaceWorks will coordìnate with the City to submit one set of comments to Urban
Cross roads.
> Meetlngs/Publlc hearings:Íhe scope includes preparation and attenclance at up to 3 meetings/conference call and
hearings as needed by Urban Crossroads.
TASK 3. INITIAL STUDY PREPARATION
PlaceWorks will prepare an lnitlal Study to determine the scope and content of the ElR. The lnitial Study will include
all 20 topicalsections required by CEQA:
)) AesthetÌcs
) Agrìculture and Forestry Resources
u Air Quality
>r Biological Resources
> Cultural Resources
> Land Use and Planning
> Mineral Resources
> Noise
> Populatìon and Housing
> Public Services
ALJgusl 22, 2019 | Page 11
@| PLACETíoRKs
> Energy
> Geology and Soils
> GreenhouSe Gas Emissions
> Hazards and ¡la¿ardous Materials
> Hydrology and Water Quallty
Þ Recreêtion
>> Transportation
> Triba Cultural Resources
)) Utilit¡es and Service Systems
r> Wildfire
pursuant to the requìrements of CEQA {California Public Resources Code, sections 21000 et seq } and the State CEQA
Guidelines ICallfcrnia Code of Regulations, sections 15000 et seq.), findings will be clear"ly substantiated in the lnltial
Study for each environnrentai topic checklist question to conclude that: 1)there wilì be no impacts, 2) impacts wìll be
less than significant, or 3) impacts will be polentially significant. lrrrpacts that are Cetermined to be potentially
significant will be carried forward to the EiR.
PlaceWorks will prepare and submit the lnitial Stirdy (15) ior the City's review two tìmesl
> Screencheck lnitial Study: PlaceWorks will prepare a Screencheck lS using the avaiiable information and sttbnrit it tn
Mìcrosoft \A/ord for edlting as well as in a PDF with figures, exhibits, and appendices, lt is assumed that all City
staff comrne¡ts concerrring the Screencheck lS will be compiled in one track-changes lS document and
transmitted to PlaceWorks via et¡aì1. The Cìty nray also prepare a comments matrix to track all CÌty staff
comments, As needed, PlaceWorks'project manager will h¿ve confe,'ence calls with City staff to go over
comments, dìscuss and resolve any major areas of concern in the Screencheck draft, clarìfy areas of
r-nisunelerstanding, etc, The City presumes a minimum of three weeks to review the Screencheck NOP/|5.
> printcheck lnitial Sludy: Based on the compiled cornments, PlaceWorks will revise lhe Screencheck lS in both track
changes version and a clean version (ì.e,, ali changes accepted/ ¿ddressed in re3ponse to City staff comments)
We will sr-¡bmit a Printcheck 15, including any referenced technical str-¡dies, arrd a comment and response matrix
(if one was provided) that corresponds to the Printcheck document. The CitV must approve the Printcheck lS
before the Notice of Preparatìon (NOP) can be scheduled to be published in a iocal newspaper. Scheduling of the
NOP publication requires a one-week lead time.
Deliverable(s):, One digital copy of the Screencheck lS (including completed technìcal appendices)
' One digitalcopy of the Printcheck lS (ìncluding completed technrcal appendices)
TASK 4. NOP PREPARATION AND DISTRIBUTION
Upon approval of the Printcheck lnitialstudy, PlaceWorks wrll reproduce and distrìbute the NOP/lS to an approved
distribution list. PlaceWorks will prepare a distribution list that includes State Clearinghouse and responsìble and
trustee government agencles, and submìt to the City for approval. The City may include other special ìnterest groups
and indìviduals to the mailing list at the time of review. CEQA Guidelines 2i092(bli3)(C) identifies direct mailing to
owners and occupants of contiguous property shown on the iatest equalìze assessrnent roil as one of the three
distribution procedures. However, if City's protocol is to provide noticing beyond what's requíred urrder CEQA, we
anticipate lhat a separate 300-foot, 500-foot, or more radius mailing list of owners and occupants will be provided by
the City based on the latest equalize assessment roll. PlaceWorks will be responsible for the NOP distribution to the
mailing list and posting with the Orange County Clerk, and the City will be responsible for publishing the NOP in the
local newspaper, We will distribute the NOP by certifìed mail to all government agencies, and over-night to the State
Clearinghouse.
Deliverable(s):. up ro 10 hard copies of the publìc review draft NoP/ls and 50 dìgital copies
. Distribution of NOP to the City-pro'¡ided mailÌng list {including State Clearlnghouse)
August 22. 2019 I Page 12
PLACETTORKS
. Post NOP wìth County Clerk
TASK 5. PUBTIC SCOPING MEETING
PlaceWorks will assrst the City in organizing and conducting one public scoping meeting to present the preliminary
environmental impacts of the proposed project and to solicit coñìmenls regarding the scope and content of the
environmental topics to be acldressed in the ElR, We will prepare a PowerPoint presentation for the meeting to be
reviewed by the City prior to finalization. At the meetlng, we will be prepared to discuss the environmental review
process and to answer specific questions as desired by the Cìty.
It is 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/15, and public concerns about environmental issues can be ldentified. We will
prepare a summary report of comments. This report will be ìncluded in the ElR, with reference to where each
comment is addressed or an explanatìcn for why ìt ìs not addressed (e.g., not an environmental issue).
Deliverable(s):. Scop¡ng meeting materialE (sign-in sheet, comment card, PowerPoìnt presentation, etc.)
. Scoping Summary Report
TASK 6. DRAFT EIR PREPARATION
lmmeciiately upon releasing the NOP/l5, PlaceWorks will begin preparing a Draft ilR in accordance with Sectlon 15161
of the CEQA Guidelines. ln accordance w¡th Sect¡on 15161, the project EIR will examìne the env¡ronmental impacts of
the proposed project and will focus primarily on the changes in the environmetrt that would result from the project.
The EIR wili clearly identify and address all potential Ìssues facing the proposed project. The EIR will also examine all
phases of the proiect, includìng planning, construction, and operation.
The Draft EIR will be clearly written and will avoid technical jargon 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 set the baseline for the environmental analysìs. Mitigation measures will
be recommended in the EIR where necessary. PlaceWorks will coordìnate with City staff to obtain available prolect
information, including technical reports and construction equipment and schedule information.
PtaceWorks will prepare a Draft EIR that includes all mandatory elements of an EIR in accordance with the CËQA
Guidelines. Sections of the EIR will include:
)) Executive Summary
> lntroduction
)) Project Descr¡ption
)i Environmental Setting
)) Environmental Top¡cal Sectlons, to include Existing Conditions and Regulatory Setting, Thresholds of Significance,
Environmental lmpact Assessment/Analysis, and Mitigation Measures (as needed)
> Alternatìves to the Project
> Other CËQA-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:
)) 1st Screencheck Draft ElRl PlaceWorks will prepare and submit a Lst Screencheck DEIR, including any referenced
technical studies. The 1st Screencheck DEIR will be submìtted in Microsoft Word for editing and in a PDF that
includes all fÌgures, exhibits, and appendices. lt is assumed that all comments concerning the Lst Screencheck
Draft EIR will be transmitted in one compiled document via emall to PlaceWorks, As appropriate, PlaceWorks'
project manager will have a conference call with City staff to discuss and resolve any major areas of conceÍn ol"
August 22, 2019 | Page 1j
PLACETryORKS
to clarify areas of misunderstanding, etc, The City presumes three weeks for staff review of the lst Screencheck
docu me nt.
> 2nd Screencheck Draft EIR: Based on the City's comments, PlaceWorks will revise the 1st Screencheck DÊlR in both
a tracked changes version and a clean version (i.e,, all changes accepted/addressed in response to City ståff
comments). We will submit a 2nd Screencheck DEIR, including any changes to the reierenced technical studies.
It is assumed that all comments concerning the 2nd Screencheck Draft EIR wrll be transmitted in one compiled
document via email to PlaceWorks, A comment and response matrix that corresponds to the 2no Screencheck
document will also be submitted, if one was provided bv the City, The 2nd Screencheck DEIR will be submitted ìn
Microsoft lVord for edìting and in a PDF that includes all figures, exhibits, and appendices. The City presumes
ihree 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 tlre DEIR before it ìs reproduced for circulation. The NOA will provide a summary of the project
description and an explanation of the scope of issues in the Draft ÊlR. The NOA wili 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 pfior to schedulìng 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 ìf additional reviews are required,
Deliverable(s):. Digrtal copies of 1st Screencheck dralt EIR (including completed technical aopendices)
. Digitalccpies of 2nd Screencheck draft EIR (ìnc!uding cornpleted technical appendices)
. Dìgital copies of Printcheck draft EIR (including.completed technical appendìces)
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 gover'nment agencies and overn¡ght to the State Clearinghouse and
select depositories at City's request. lt ìs assumed thal 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. Tlre City will
also be responsìble for posting CEQA documents and notices on the City's website.
Deliverable(s):. Public Draft ÊtR {technical appendices in attached CD) (25 hard copies of the DEIR and 50CDs)
TASK 8. FrNAL EIR/RESPONSES TO COMMENTS
PlaceWorks will prepare responses to comments received on the Draft EIR to enable City decision makers to
adequately consjder and address any agency, organization, or commun¡ty comments and concerns, The Response to
Comments wÌll contain copies of all comment letters receìved, written responses to all comments, and a summaryof
any changes made to the ËlR. 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 estìmate only, based on a total of approximately 50 hours for
preparation of the Response to Comments. The estimated number of hours includes only one roundof review of the
Response to Comments by the City. The estlmated budget assumes that no additional basic research will be required
to respond to comments, that the comments wili be directed at the substance and technical aclequacy of the ElR. and
that the comments will be compiled by the City ancl transmitted in writing or via e-mail to PiaceWorks.
August 22. 2Ci9 | Page 14
@I PLAcErvoRKs
lf a large volume of comments are received that require exlra time for sorting and organizir'rg, or if certain comlnents
result ìn the need for substantial response that exceed the anticipaterj 50 hours, or require new research or analysis,
the ¡nlt¡al budget may not be suffìcient. Should this situation become appareni, we wil! dìscuss lt with the Ciry before
the responses budget is consumed and delermine an appropriate course of action.
Task 9 Deliverable{s):. 1 digitâl copy of the Screencheck Response to Comments
' Up to 10 hard copies of the Final EIR
. Up to 10 hard copies of the final Response to Comments and 1 digitalcopy
TASK 9. MITIGATION MONITORING PROGRAM
PlaceWcrks will prepare a Mit¡gation Monitoring Program {MMP} based on m¡tigation rneasures identified in the EIR
and pursuant to Sectìon 21081.6 oíthe CËQA Public Resources Code. The MMP will be defined through working with
City stalf to identify appropriate monìtoring steps/procedures in order to provide a basis for monitcring such
measures during and upon project implementation. lt will be in standard City format and will identify the significant
lmpacts that would result from ihe proposed projectj proposed m¡tigation measures for each impact; the tim¡ng at
which the measures will need to be conducted; the entity responsible for implementingthe mitigation measure; and
the City department or other agency responsible for monitorrng the mitigation effort and ensuring its success. The
MMP will be submitted to City staff for review and approval in conjunction wilh submittal of the Response to
Comments.
Deliverable{s}:. 1 digital copy of the MMP
TASK 10. FtNDINGS OF FACT/STATEMENT OF OVERRIDING CONSIDERATIONS
Section 15091 oí the CEQA Guidelines requìres lhat no public agency approve or carry out a project for whlch an EIR
has been cclmpleted that identifìes one or more significant environmental effects, unless the public agency prepares
findings for each significant effect. PlaceWorks will prepare draft findings and facts ¡n support of fìndings for each of
the significant impacts identified by the Draft EIR and the determinatton as to whether those impacts would be
reduced to below a ievel of significance by proposed mitrgation measures. These findings and facts will be
incorporated into the resolution(s) to be prepared by City staff.
Additionally, Sect¡on 15093 of the CEQA Guidelines requires that when an agency approves a project that will have
signiflcant adverse environmental effects that are unavoidable, the agency must make a statement of its views on the
ultimate balancing of the ments of approvìng the project despite the environmental impact(s). PlaceWorks will
prepare the statement of overriding considerations for arry unavoidable significant impacts that may be ldentified by
the Draft ElR.
Deliverable(sJ:. 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 Cap¡strano 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 requìre removal, we ant¡cìpate that a No Effect Determination would not be granted. The NOD will be hand
delivered to the CoLrnty Clerk along with the requìred Caiifornia Department of Fish and Wildlife (CDFW) and County
fees. The CDFW filing fee for an EIR as of Janua ry i,2OL9, ìs 53,271.00, and thìs fee may increase on lanuary 1.,2020.
Deliverable(s):. Notrce of Determination. File NOD with State Clearinghouse and County Clerk, including associated filing fees
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TASK 12. MEETINGS AND PUBTIC HEARINGS
Oui- scope of work and cost estirnate ãssume attendance bV PlaceWorks at a total of up to 12 hours of conference
calls ancJlor- meetings and up to two public nearings at the City by the PIC and the ProJect Manager. Additionêl
conference call participatiorr or hearing attendance by PlaceWorks upon City's request will be biiled on a time-and-
materials basis in accord¿nce with the hourly rates for the personnel involved, as included in this proposaì.
Deliverable{s):. Up to 12 hours of conference calls and/or meetings
. Up to two public hearings (one Planning Cornmission and one Cìty Councìi)
TASK 13. PROJECT MANAGEMENT AND ADMINISÏRATION
PlaceWorks'project manager will coordinate closely wìth Cìty staff and the project te¿m to ensure that the
envìronmental and technical documents delivered to the Cìty are legally defensible, accurate, and useful to declsion
makers consiclering approval of the project. The project manager will coordrnate with tne City throughout the process,
not only to streamline the CFQA process, but to avoid or anticipate any changes that could result in delays.
The project manager will be the key contact forthe City and will be responsible for (1") managing task scheduling and
assignment. management of resources, monitoring of costs, and schedule adherence; (2) consultatlon and
coordination with local and state agencies relative to the environmental document and the environmeftal revìew
process; (3) cooroination and comnrunìcations with City staff to ensure that City polrcies, procedures, and any
applicable corjes are compiied with and, where appiicable, are lncorporated into tlre lS and EIR; {4) ensuring that the
environmental review process and the CEQA documents satisfy the statLrtes and guidelines of CEQA and the City's
adoptecl Environmental Revìew Guiclelines; and (5) representing the consultant team in public meetings as requested
by the City.
The project management task is based on otle hour per week fcr the project manager and one hour per monlh for
the principal-in-charge (PlC) for tlre duratìon of the estimated proiect schedule, which is anticipated to be
approximately 10 months, lf the schedule of the prolect ìs extended for reasons beyond PlaceWorks' control, a
contract amendment may be required for additionalfees for project managernent and coordinaiìon'
Deliverable(s):
. Ongorng project management (an estìmated t hour/week) for the project manager and 2 hour per month for
the PIC for approximately 10 months
Proposed Schedule
Based on the availability of a complete project description and supportìng technical analyses/studies (as descrìbed
uncler'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 finìsh {City Council
hearing). We have prepared a proposed Schedule (see Table 1) that can be further refined upon project initiation'
Once tlre project is initiated, Place\Â/orks will prepare a detailed project schedule for the City for review and approvai
We will wcrk to meet the scheduling obiectives of the C¡ty'
Table 1.. Proposed Schedule
IASK II M ELIN E
1. Project lnrtiation and Kick-off Meeting 1 day
2. Technical Reports Preparalionì 4 to 8 weeks
6 wks
RT5PONsIBLE PARTY
PW and SIC
PW
PW- A¡r Quolity and GHG (PloceWorks)
August 22, 2019 | Page 16
@| PLAcEïroRKs
Table 1.. Proposed Schedule
?ia Constr0ints SurveV
Specimen Tree Report (Dudek)
- Culturol Resources Repcrt (Cagstone)
- Phose I (Placeworks)
Noise (PlaceWarks)t
- Traffic Repon {Urbon Crossroads)
1,\SK
3. lS Preparation
Tt\4f:t tNF
4 wks
4 wks
8 wks
6 wks
4 wks
8 wks
4 wksScreencheck lnitÌal Study
- City Review ofSc¡eencheck lnitial Study
- Printcheck {nitiai Study/NOP Prepãration
- City Approval of the Printcheck lnitìal Study/NOP
4. NOP/lS Print and Drstnbution
30-day lnitial Study/NOP Public Review
5. Scoping Meeting
6. Dralt EIR Preparation
- First Screencheck Draft EIR
CitV Review of First Screencheck Draft EIR
- Second Screencheck Draft EIR
City Revìew of Second Screencheck Draft EIR
- Printcheck Draft EIR and NOA
- Crty Review and Approval
7. Draft ElR, NOA,& NOC Reproductìon and Distriblitìon
CEQA Public Review Period of Draft EIR (4s-days)
8. Final EIR Preparation
Response to Comments, Findìngs of Fact, Siatement of
Overriding Considerations (ìf warranted), and Mltigation
Monitoring and Reporting Program
- C¡ty Revìew of the Screencheck FEIR, FOF, SOC & MIIRP
- Printcheck FEIR, FOF, SOC & MMRP
Dlstr¡bute Response to Comments to government
agencies
Planning Commission Meet¡ngs
City Council Meetings
Notice of Determination Filing
la5k3 In bold aonsr-rl :i pL;biri: revtew gerr,¡ds ¿ttci ílrrbllr: ¡nettiogslhed¡rng,s
: lhe ltf,li.t line iea iêahn¡c¿l aeOorl! prepat3t¡on tr ¿sllm¡le cnly, a5 ihev rLqrnre Oiher techntc¡l refiilat.-< íor ítecr:5!arV d¿ta
2 wks
1wk
2wk
1wk
1 day
30 days
1 day
8 wks
3 wks
3 wks
3 wks
1wk
2 days
45 days
3 wks
2 wks
L wks
10 days priol" to the
public hearing
L day
1 day
1 day
RF5PCNSiBLF PAR I Y
PW
P\/
PW
PW
PW
PW
PW & SJC
PW
SJC
S.]C
PW
PW
S]C
SJC
PW
SJC
PW
SJC
PW
PW
August 22, 2C19 | Page 17
EXHIBIT B
@|PLAcET(/oRKS
Cost Estimote
Our proposed cost estimate is presented in Tabie 2. As requesied by the City, the budget is split into three phases:
Phase 1 incl,:des tasks l through 5, Pllase 2 up to lhe release of the Drali ElR, and Phase 3 includes tasks followlng
the release of the Drafr tlR. PlaceWorks wilt not proceed with Phase 2 or 3 tasks without prìor authorization and
budget appro'ral by the City. Tasks reiated tc project management meetings were splil into thtrds between the three
phases, As shown in Table 2, the total cost estimate fcr all th r ee phases ìs 5287,899. Changes to the project description
or scope of environmental reiriew would be handied through a contract a¡rrendment with prior notice to the City.
Table 2. Cost Estimate
TASK COST
Task 1 Proiect lnit¡etlon
Task 2 Subtotal
Labor Subtotal
53,1 50
11,655
11,850
2,245
5,120
72,495
6,515
8,274
26,995
s8s,1ss
5 1s.o7o
Þ60
2,4C5
70,500
495
16,880
33û
6,08s
330
8,300
1 1,600
s220,960
1,550
4,5 50
250
I Cô
3,3 2l
Task 2 Technìcal AnalyseslStudies
2.1 Visrral-Aesthettc Simulation Analysts {PlaceWorks)
2.2: Air Quality and GilG Ënrissions (PlaceWorks)
2.3: Bìological Resources ConstraÌnts Study {Subconsultant - Cadre)
2.4: Specinren Tree Report (Subconsuitarrt Dudek)
2.5: Cultural Resources Records Search (Cogstone)
2.6 Phase I Site Assesst'ìênt (PlaceWorks)
2.7 Norse (PlaceWorks)
2.8 Trafflc lmpact Analysis {Srbconsultant - Urban Crossroad)
Task 3 lnitial Study Prepatation (2 rounds of re'¡ievvs)
Task 4 Notice of Preparâtion and lnit¡al Study Crrculatlon
fask 5 Public Scoping Meeting
Task 6 Draft EIR {2 rounds of revrews)
Task 7 NOA Preparatlon & Dìstribution
Task 8 Finål EIR/Response to Corìments (1 rollnd of review)
Task 9 Miligation Monitoring Program
Task 10 Findings of Fact
Task 1l- Notice of Determination
Task 12 Meeilngs and Pr-¡blic Hearings
Task 13 Project l\4anagement and AdmlnÌstratioll
REIMBURSEABLE
lnìtial Study/NoP 25 hard copies @ 525 and 50CDs @ 510
Drâft ËlR 25 hard copies @ 5150 and 50 CDs @ S10
Response to Comments 1"0 hard copres @ 525
F¡nal ÊlR 10 hard copies @ S25
CDtw and County Filing Fee
500Misc- ccpyrng, mailing, postage
August 22, 2019 | Page 18
@|PLAcET{/oRKs
Table 2. Cost Estimate
TASK
M¡leage
Offrce [xperrses i2% of tabor)
GRANDTOTAL
PI Works -2Ol Stqndord Fee Schedule
STAFF LEVEL
Principal
Associate Principal
Senior Associate/Senior Scient¡st
Associate/Scienti st
Project Planner/Project Scientist
Planner/Assistant Sc¡entist
Graphics Specialist
Administrator
Clerical/Word Processing
lntern
Svbcon5ultdnts dre bil¡Èd ¿t cost plus 10%.
Mileage relñbursement lãte is the staôdèrd IRS-approved rate.
cosï
Reimbursable Subtotal
15tl
¿, ¿.1q
s14,s90
s23s,950
HOURLY BILL RATE
s2ls s33s
518s-$230
s16s-5210
s13s-$180
s10s-s13s
$es-$ 110
s6s-$160
s14s-s1es
54s-$140
57s-Ses
t å!t iJpdal¿r 01/09/19
August 22,2019 I 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 I 100, Santa
Ana, CA 92707. City and Consultant are sometimes individually refened to as "Party" and
collectively as "Parties."
2. Recitals.
2.I Consultant. The City and Consultant have entered into an agreement entitled
"Professional Services Agreement" dated September 3'd,2019 ("Agreement") for the purpose of
retaining the services of Consultant to prepare an environmental document for the Creekside
Specific Plan Residential Development Project (GPA 18-004).
2.2 Amendment 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
follows:
Amendment. Section 1 of the Agreement is hereby amended in its entirety to read as
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibits "A:" and "C."
6 I I 47 .021 00U446445 l.l
Page I of3 ATTACHITIENT 2
3.2 to Section 2 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 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.l. 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
AmendmentNo. 1.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.5 Severabilit)'. If any portion of this Amendment No. I is declared invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
[Signatures on Next Pagel
6t I 47 .021 00u446445 | . I
Page 2 of 3
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERWCES
AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND PLACEWORKS
CITY OF SAN JUAN CAPISTRANO
Appraved By:
Benjamin Siegel
City Manager
Date
Attested By:
Maria Morris, City Clerk
As Io Form:
Signature
William Halligan
Name
Principal
Title
1-27-20
City
Date
Page 3 of3
EXHIBIT G
PLACEïíORKS
SERVICE AUTHORIZATION
AMENDMENT NO. 1
PROJECT NO September 19,2019
PROJECT NAME Creekside Planned CommunitY EIR
AGREEMENT BETWEEN:
CLIENT PlaceWorks
STREET ADDRESS 3 MacArthur Place, Suite 1100
CITY STATE AND ZIP Santa Ana, CA 92707
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 Ex¡sting Agreement will remain in full force and effect, without modification.
NoW therefore, in consideration ofthe above facts and ofthe covenants and agreement contained herein, the parties hereto agree
that:
Change in total compensation from 5244,437.00 to 5284,553.00 (for revised Urban Crossroads revised scope attached herein as Exhibit
A and includes our !0% mark-uP).
Tasks New Task Amount
TASK 2.8 TRAFFIC IMPACT ANALYSIS (INCLUSIVE OF
M EETINGS/H EARINGS)
s 67,111.00
TOTAL:s 67,111.00
DATEsJc-1-2.0
CONSULTANTCity of San Juan Capistrano
STREET ADDRESS32400 Paseo Adelanto
CITY STATE AND ZIPSan Juan Capistrano, Ca92675
CONTACTPaul Garcia, Assoc¡ate Planner
Previous Task
Amount
Amount of this
Amendment
s 26,995.00 S 40,116.00
S 26,99s.00 S 40,116.00
3 MacArthur Place, Suite 1100 | Santa Ana, Californiag2l0T | 714.966.9220 | PlaceWorks.com
@ PLACEïI/ORKS
CONSULTANT:
CONSULTANT PlaceWorks
STREET ADDRESS 3 MacArthur Place, Suite 1100
CITY STATE AND ZIP Santa Ana, CA 92707
AUTHORIZED
REPRESENTATIVE
Y'/ir:-{,rt"-
Principal/Vice President/Assistant Secretary
r-23-20
William Halligan TITLE
PlaceWork's Authorized Representat¡ve
CLIENT:
CLIENT City of San Juan Capistrano
STREET ADDRESS 32400 Paseo Adelanto
CITY STATE AND ZIP San Juan Capistrano, Ca92675
AUTHORIZED
REPRESENTATIVE
Date
TITLE
Client's Authorized Representative Date
Service Authorization I Page 2
tHF.Rå¡I Exhib¡t A
260 E. BakerSt. I Suite200 I Costa Mesa,CA92626 I (949)660-1994
urbonxroods.com
PROPOSAL FOR SERVICES
January L6,2020
Ms. Elizabeth Kim
Placeworks
3 MacArthur Place Suite 11-00
Santa Ana, CA 92707
Sue¡ecr: CRr¡rslor TRRrnc lrupRct Arunlvsls
Dear Ms. Elizabeth Kim:
Urban Crossroads, lnc. is pleased to submit this proposal agreement to Placeworks (Client)to provide a
Traffic lmpact 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 L07
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 3L0,
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. 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, 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 lmpact Analysis.
Tnsr1: TnlçncSruov AeR¡¡lvr¡lur PRocEss
A formal traffic study scoping document will be submitted to City staff for review and approval prior to
commencement of the traff¡c analysis.
1'L Calculate project-related vehicle trips based on the lnstitute of Transportation Engineers (lTE)
Trip Generation 10th Edition (2017Ì' tri p generation rates
Determine project trip distribution patterns for based on existing and planned land uses in the
area along with the planned circulation system.
'J..2
1,2505-03 TIA Proposal REV6
Ms. Elizabeth Kim
Placeworks
January 'J.6,2020
Page 2 of 9
Exhib¡t A
1-.3 ldentify known cumulative development projects and ambient growth patterns.
'J..4 Prepare a draft of the traffic study scoping assumptions and submit it to the jurisdiction for
review and approval.
1.5 lnterface with jurisdiction staff to finalize the traffic study scoping agreement.
Tasr 2: Exlsrrrue Tnnrnc DRrn nruo Exrsrrrue RoRowRv Color¡o¡¡s INVENToRY
2.1
2.2
2.3
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 & l-5 Southbound Ramps
4. Junipero Serra Road & l-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
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 & l-5 Southbound Ramps
4. Junipero Serra Road between l-5 Southbound Ramps & l-5 Northbound Ramps
5. Junipero Serra Road between l-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
Field inventory of intersection traffic control measures, approach lanes at intersections, and
through travel lanes along segments.
L2505-03 TIA Proposol REV6 rıunenilL/ cRossRoaDs
Ms. Elizabeth Kim
Placeworks
January 1.6,2020
Page 3 of 9
Exhib¡t A
Tnsr 3: Op¡uue Yenn rruo HoRrzow Y¡nR f 20401Tnnrnc PRol ECTIONS
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. lt 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.
Tnsr 4: lrur¡N AND ROAOWRV Op¡RnilO¡lS Arunlvsrs
4.1,
4.2
4.3
4.4
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:
o ExistinB (2019)
r ExistinB Plus Project (E+P)
o ExistinB Plus Project Plus Cumulative (Near-term)
o ExistinB Plus Project Plus Buildout (Horizon Year 2040 With Project)
Assess the Roadway Link LOS, using HCM methodology , for each of the traffic conditions
described in Task 4.1-.
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.
Calculate Project's Fair Share for the significant off-site impacts consistent with City Council Policy
111, Fair Share Methodology.
Tnsr 5: TRRrnc Sle ruRl Wnnnnrur AruRlvsls
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).
L2505-0j T IA P ro posol REV 6 rAunenil\z cRossRoaE's
Ms. Elizabeth Kim
Placeworks
January L6,2020
Page 4 of 9
Exhib¡t A
Tnsr 6: Srre Acc¡ssRruo lrurr nron CrRcurnnoru AruRtYsrs
6.L Conduct site access and interior circulation analysis to provide a safe and effective traffic flow for
private streets including emergency vehicle access.
Tnsr 7: Svrrrcxno Op nruo Oueur¡¡e Arunlvsts
7.L Conduct a Synchro operations analysis for Junipero Serra Road between Rancho Viejo Road and
Camino Capistrano.
7.2 Conduct a queuing analysis for the l-5 Southbound Ramps and the l-5 Northbound Ramps at
Junipero Serra Road for each of the following scenarios:
¡ ExistinB Plus Project (E+P)
o Existing Plus Project Plus Cumulative (Near-term)
o Existing Plus Project Plus Buíldout (Horizon Year 2040 With Project)
TnsrS: Co TRm¡rcArunlvsrs
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.
8J 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.
L2505-03 TIA Proposal REV6 r?runsnru\/' CRossRoADs
Ms. Elizabeth Kim
Placeworks
January 1,6,2020
Page 5 of 9
Exh¡bit A
8.8 lncorporate findings into the traffic impact analysis.
Tnsr 9: Pnnx¡rue AruelYsls
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 lnstitute (ULl)shared parking methods.
9.5 Based on the results of the sha red pa rking ana lysis, eva luate adequacy of for residential a nd guest
parking.
9.6 lncorporate findings into the traffic impact analysis.
Tnsr 10: DnnrrTnn¡nc Sruov R¡poRr
10.1 Prepare a Screencheck Draft TIA report which incorporates the findings and all supporting
calculations from Tasks l through 9.
Tasr 11: R To CoMMENTS oN THE DRAFT TRNTPIC ITvIPRCI Aruarvsrs
LL.L Revise the draft traffic study report based on comments provided by the Client for up to one (L)
review cycle.
LL.z Revise the draft traffic study report based on comments provided by the City of San Juan
Capistrano for up to one (1) review cycle.
Tnsr 12: HonrzorurRlAND cAL stcHT Drsrn¡¡c¡ Arunlvsts
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 L" = 40'on a24" x36"
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.
L2.2 Provide project AutoCAD files to the project team.
Tnsr 13:V¡urcr-¡ Mr l¡s Tnnvrleo AruRlvsrs
1-3.1- 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.
72505-03 TIA Proposol REV6 r2rungnil\/ cRossRoaDs
Ms. Elizabeth Kim
Placeworks
January L6,2020
Page 6 of 9
Exhib¡t A
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 lmpacts in CEQA (December
20L8) is applicable.
13.4 Calculate the Project VMT for automobiles. Trip generation will be based on lnstitute of
Transportation Engineers (lTE)Trip Generation Manual, l-Oth 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.
L3.7 tdentify 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.
Tnsr 14: VMT Atr¡Rlysls Uponrr BAsED oN ClrY's INTERIM Tnnesnolos
L4.1, lnterim VMT thresholds are anticipated to be available in February 2020. Update the
VMT analysis conducted as part of Task L3 based on the interim thresholds from City.
L4.2 Revise the VMT assessment report based on the City's interim thresholds.
Tnsr 15: Me¡nNes/Puellc HrnnlNes
i-5.i. 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) 540,610
Task 1-2 (Sight Distance Analysis) 54,800 (2 locations at 52400 per location)
Task 13 (Preliminary VMT Analysis) 58,900
Task l-4 (VMT based on City Thresholds) 53,200
Task 15 (Meetings/Hearings) 53,500 Not to Exceed billed T&M (see Exhibit A)
12505-03 TIA Proposol REV6 r2runsnn\/ CROSSROADS
Ms. Elizabeth Kim
Placeworks
January 16,2020
Page 7 of 9
Exhib¡t A
This fixed fee estimate is based upon our assessment of the jurisdictional requirements for the Traffic
lmpact Analysis. As part of the Traffic lmpact Analysis, Urban Crossroads, lnc. 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. lftheCityofsanJuanCapistranorequiresmorethan9existingstudyareaintersections,
and/or more than 25 individual cumulative projects to be analyzed, Urban Crossroads, lnc. 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). lf these tasks are
required to secure approval of the project, Urban Crossroads, lnc. would be pleased to perform them
and charge the Client based on the hourly rates detailed in Exhibit A.
DELTVERABLES/T|MrNG
It is estimated that the screen check draft Traffic lmpact Analysis will be completed in 35 working days
from the date of Client's authorization and subsequent receiot of all requested data essential to
comolete the studv. inclu rns the final site olan.Additionally, any delays resulting from circumstances
beyond our control, such as environmental occurrences, changes in the project description , andf or
modifications in public/private policy may extend the time schedule. ln the event this occurs, Urban
Crossroads, lnc. 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
lf 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 Proposol REV6 rAunsnil\/ cRossRoaDs
Ms. Elizabeth Kim
Placeworks
january L6,2020
Page 8 of 9
Aric Evatt, PTP
President
Exh¡bit A
lf you have any questions, please contact me directly at (9a9) 336-5978.
Respectful ly su bmitted,
URBAN CROSSROADS, INC.
CONTRACT APPROVAL:
Approved by:
Title:
Firm: Placeworks
Date
72505-03 TIA Proposol REV6 rıunenill/ cRossRoaDs
Ms. Elizabeth Kim
Placeworks
January L6,2O2O
Page 9 of 9
Exh¡bit A
EXHIBIT A
BILLING RATES FOR URBAN CROSSROADS, INC.
Position Hou rlv Rates
Principal
Senior Associate
Associate
Senior Analyst
Analyst
Assistant Analyst
Admi nistrative Support
s
S
s
180
130
1_00
5so
s70
Sso
Soo
250
200
L50
t20
11_0
90
100
General
(1)
(21
Reimbursable direct costs, such as reproduction, supplies, and messenger service will be billed at cost.
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.
Monthly billing statements are due within th¡rty (30) days of receipt.(3)
72505-0i TIA Proposal REV6 r?runenil\/ cRôssRo^'Es