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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 1 6 I t47,00] l0\12288720. I 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. 6 I l.l7.0t) ì I0\ ì2288720, I 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 ól 147.û0.ì l0\,.122tì8710. t 3 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 4 ó t r 47.001 I 0\_l22fJ872rJ, I 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 5 6 l r47.00.1 10\-ì22S8720. l 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. 6 6 t 147 00 ì l0\-1228f.ì720. I (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 7 (¡ i I47.001 l0\-ì22tì8720, I ("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. I 6 I I 47.003 I 0\..1228tt72rÌ. I 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. I ó r I 4?.001 r 0\12288720. i 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 ó ì 141.00.ì l 0\i22fJ8720. I 10 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 6 I I 47.003 I 0'.32288720- i 11 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 Printed N 6 l r47.001 I 0\32288720. I 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 :! ).;l;,r,-i\r['i.-¡ Pi¡j,:t. !,¡r¡t, I ]0! ; !.¿.tnLti Àn,:. í-¡,ilorrri¡ \i) /(') i i 7 L4 ül,ir \)) iii i Pl;l¡::':\llr!:','i,rltr' @ PLACEWORKS 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 @ PLACEïUORKS )) 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) August 22, 2019 i Page 3 @I PLACEïrûRKs > 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. August 22, 2019 I Page 4 @|PLAcET{/oRKs > 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. August 22, 20i.9 I Page 5 @| PLAcEï(/oRKs 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. August 22, 2019 | Page 6 @I PLAcETvoRKs 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 August 22, 2C79 | Page 7 @| pLAcETroRKs 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 August 22, 2019 | Page 8 @I PLACET(/oRKs 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 @|PLAcE\J(/oRKs 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 August 22, 20:t9 I Page 15 @| PLAcETToRKs 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