Loading...
13-1217_LINSCOTT, LAW & GREENSPAN ENGINEERS_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this (7I�day of "" ,4013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and LG2WB Engineers, Inc., a California Corporation, dba Linscott, Law & Greenspan, Engineers (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to provide professional traffic engineering and parking consulting services associated with the Urban Village Mixed Use project, Architectural Control (AC) 13-023; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit'A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than December 31, 2014. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $43,325.00, as set forth in Exhibit 'A" attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or 3 employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional n insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Alan Oswald, Senior Engineer - Traffic 5 To Consultant: Linscott, Law & Greenspan, Engineers 2 Executive Circle, Suite 250 Irvine, CA 92614 Attn: Richard E. Barretto, P.E., Principal Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18, Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts and Facsimile signatures. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. [SIGNATURE PAGE FOLLOWS] N IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY N JPAI Kar n P. Brust, CONSULTANT a * TO FORM: Hans Van Li yid ttorney rN PIST NO City 1V 1anager V*(�� Richard E. Barretto, P.E., Principal LG2WB Engineers, Inc, a CA Corp, dba Linscott, Law & Greenspan, Engineers EXHIBIT "A" September 18, 2013 Mr. Alan Oswald City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 LLG Reference: P2.13.0130 Subject: Updated Proposal to Provide Professional Traffic Engineering and Parking Consulting Services Associated with the San Juan Hotel & Villas - Architectural Control (AC)13-23, Urban Village San Juan Capistrano, California Dear Mr. Oswald: As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this proposal to provide professional traffic engineering and parking consulting services associated with the preparation of a Traffic Impact Analysis Report for the proposed San Juan Hotel & Villas project in the City of San Juan Capistrano. The scope of work is based on our review of the City's Scope of Work provided on September 5, 2013, our familiarity with the City's requirements and our prior discussions. The San Juan Hotel & Villas project site is generally located at the southeast corner of the Camino Capistrano and Forster Street intersection. As currently envisioned, the proposed Project is planned to consist of the development of a hotel and spa, commercial tenant space, and a branded townhouse -style villas in place of three (3) commercial office buildings. The "branded" hotel will consists of 136 guest rooms in 69,282 SF, with ancillary uses including a lounge area, meeting/banquet room space (2,942 square feet). The spa and retail space totals approximately 2,664 SF, while the restaurant totals 6,301 SF, including 2,814 SF on the ground floor, 721 SF of outdoor dining and 2,766 SF roof deck dining/bar. The residential component includes 33 townhouse -style villas with garages. Parking for the site will be provided through garages (villas), on-site surface parking and a subterranean parking garage which together will total 217 spaces. Guest parking for the villas will be provided by both on-site surface and subterranean parking. Vehicular site access will be provided via a single driveway off of Forster Street and a future connection to Del Obispo Street. Lim cat Low rc ns l n„ Engineers 2 ExecuOw Code SiAn 250 lfvine, CA 92614 949,U5.6175 T W.85,6173 t xomwllgv ineers.ccan Pasadena Irving Sorg Dire Wrred end dills Philip M, Waco, PE KW4, no Jack M. Gsaoenspan, PE Taxa ter alaarc A Lnkv„ pE AK i Pool W Wwiftson, PE Jon PANaling, PE Dad & Shooclo& PE Joloo 4 8narman, PE date K too-Jaegol, PE RiChaid E llliirvlclo, PE oil 0, uaEmrry. PE ira. c -r x RR30­41W Mr. Alan Oswald September 18, 2013 Page 2 This Traffic Impact Analysis Report for the proposed San Juan Hotel & Villas project will be prepared pursuant to the City of San Juan Capistrano Administrative Policy 310, Preparation and Use of Traffic Reports. For the purposes of this proposal, the traffic study will focus on the' project's traffic impacts at the fourteen (14) intersections, eighteen (18) roadway segments and Synchro Operational Analysis for one (1) roadway segments consisting of four (4) intersections for the study area that has been identified in the City's scope of work. As we discussed, the Traffic Impact Analysis Report for the Rancho San Juan Apartments, dated February 22, 2013, will serve as a database and reference for the "cumulative" and General Plan Buildout assessment of the proposed Project. The San Juan Hotel & Villas project traffic study will satisfy the requirements of the City of San Juan Capistrano, and will be consistent with the current Orange County Congestion Management Program (CMP) Traffic Impact Analysis Report (TLA) Guidelines. The proposed Scope of Work for the parking study will be based on the City of San Juan Capistrano requirements. The scope includes the preparation of the parking study with an evaluation of the City Code parking requirements; conducting weekday and weekend parking accumulation surveys at similar hotel uses in the surrounding area, as identified in coordination with the City; the shared parking methodology; and a forecast of parking demand assuming full occupancy of the proposed hotel use so as to determine the adequacy of the parking supply to serve the project site. An assessment of the residential guest parking requirements will also be performed. Given the above, and our overall sense and understanding of the issues, we propose to do the following: SCOPE OF WORK Task 1: Project Mobilization 1.1 Meet with the project team to discuss the proposed Project and confirm land use development tabulation to be evaluated in the traffic study. Discuss assumptions to be used to include completion year and anticipated phasing. Descriptive data such as the type of use, number of rooms, ancillary uses and anticipated hours of operation, meeting/conference space and special events center floor area, parking supply, reciprocal parking agreements, if any, and any special considerations pertinent to the preparation of the parking analysis would be needed. 3 tktt�i 1. i;i?yi C�#!lt).C1�;vC Mr. Alan Oswald September 18, 2013 Page 3 1.2 Obtain a site plan (preferably in electronic format) displaying the proposed use and associated parking facilities. 1.3 Summarize the hotel building tabulation for the various components (e.g., number of rooms, retail square footage, restaurant square footage, meeting room and/or banquet space, etc.). 1.4 Meet with the City of San Juan Capistrano Traffic Engineering staff to discuss the project, identify pertinent traffic issues and concerns to be addressed, formalize work program for the traffic impact study, and finalize the traffic impact scenarios and list of study intersections to be analyzed. Review the land use assumptions for the project site to determine the trip generation potential assumption in the Historic Town Center Master Plan Traffic Impact Study for a long-term (buildout) traffic evaluation. In addition, the project's trip generation forecast and distribution patterns will be reviewed and confirmed. Task 2: Data Collection and Research 2.1 Compile and review prior area traffic data and forecasts to include existing peak hour and daily, traffic count data at the study intersections and roadway segments. The Traffic Impact Analysis Report for the Rancho San Juan Apartments, dated February 22, 2013, will serve as a database and reference. 2.2 Visit the City of San Juan Capistrano to obtain existing street improvement plans/striping plans for key area roadways and intersections. Compile information with regards to planned street improvements within the Project study area, if any (especially at the Ortega Highway/I-5 Freeway Interchanges), that may be conditions of approval of approved projects in the City. 2.3 Work with the City of San Juan Capistrano Planning Department and reconfirm list of related projects that will need to be considered in the traffic study that may contribute to the cumulative impacts on the street system in the vicinity of the project. Obtain copies of approved traffic studies for related projects. 2.4 Visit the Project study area to confirm existing conditions with respect to existing site development, local area development, site access, parking use, and areas of congestion in order to verify our overall understanding of traffic conditions in the area that might affect this project. P \2013\P2130130 - S.f£:' UTban. VsI]ag a Hotc! San Juan fofcl &, VYIh5 IIA X I'ark mu I'm o a[, `spall Juan t'apisi aalzEs'doc Mr. Alan Oswald September 18, 2013 Page 4 2.5 Research and review the current City of San Juan Capistrano off-street parking requirements outlined in the Municipal Code and Formed Based Code approved by the City Council that are applicable to the site. Consider parking strategies/requirements documented in the Historic Town Center Master Plan Task 3: Traffic Count Program 3.1 Based on review of the information provided by the City, the following fourteen (14) locations were identified as study intersections in the City's scope of work: 1. Ortega Highway / La Novia Avenue 2. Ortega Highway / Rancho Viejo Road 3. Ortega Highway / I-5 Northbound Ramps 4. Ortega Highway / 1-5 Southbound Ramps 5. Ortega Highway / Del Obispo Street 6. Ortega Highway / El Camino Real 7. Ortega Highway / Verdugo Street / Camino Capistrano 8. Del Obispo Street/ Forster Lane** 9, Del Obispo Street /Camino Capistrano ** 10. Del Obispo Street / Paseo Adelanto 11. Del Obispo Street / Alipaz Street 12. Camino Capistrano /Forster Street** 13. Camino Capistrano / San Juan Creek Road 14. El Camino Real / Forster Street /Project Driveway * * = supplemental AM and PM peak hour traffic counts are required. Per the City's requirements, all traffic counts used for this evaluation shall have been taken within one year of the notice to proceed for this traffic study. Since traffic counts collected in September 2012 for the Rancho San Juan Apartments Traffic Impact Analysis (TLA) are expected to be used for this evaluation, it is imperative that supplemental traffic counts be collected in September 2013 at the four (4) study intersection noted above when schools are back from summer recess. Per the requirements of the City, LLG will conduct three (3) days of AM and PM peak period manual traffic counts between the hours of 7:00 AM - 9:00 AM and 4:00 PM - 6:00 PM in support of detailed intersection capacity analyses. Tentatively, the supplemental traffic counts will be collected during the week of September 21, 2013. Mr. Alan Oswald September 18, 2013 Page 5 3.2 The following eighteen (18) locations were identified as study roadways segments in the City's Scope of Work: 1. Ortega Highway: East City Limit - La Novia Avenue (2 -lane section) 2. Ortega Highway: La Novia Avenue - Rancho Viejo Road 3. Ortega Highway: Rancho Viejo Road - I-5 NB Ramps 4. Ortega Highway: 1-5 NB Ramps - I-5 SB Ramps 5. Ortega Highway: I-5 SB Ramps - Del Obispo Street 6. Ortega Highway: Del Obispo Street - El Camino Real 7. Ortega Highway: El Camino Real - Camino Capistrano 8. Del Obispo Street. Ortega Highway - Forster Lane ** 9. Del Obispo Street: Forster Lane - Camino Capistrano ** 10. Del Obispo Street: Camino Capistrano - Paseo Adelanto ** 11. Del Obispo Street: Paseo Adelanto - Alipaz Street 12. Camino Capistrano: Ortega Highway - Forster Street ** 13. Camino Capistrano: Forster Street - Del Obispo Street ** 14. Camino Capistrano: Del Obispo Street - San Juan Creek Road 15. Camino Capistrano: San Juan Creek Road - I-5 SB Ramps 16. El Camino Real. Ortega Highway - Forster Street ** 17. Forster Street: Camino Capistrano - El Camino Real ** 18. Forster Lane: El Camino Real - Del Obispo Street * * ** = supplemental 24-hour traffic counts are required. Per the requirements of the City, LLG will conduct three (3) days of 24-hour traffic counts on a Tuesday, Wednesday and Thursday at the eight (8) key roadway segments identified above in support of detailed roadway segments capacity analyses. Tentatively, the supplemental ADT traffic counts will be collected during the week of September 21, 2013. Task 4: Trip Generation, Distribution and Assignment Anal 4.1. Based on the description of the proposed Project, determine and present in tabular and/or graphic form a traffic generation forecast for the proposed Project uses on a daily and peak hour basis. The forecasts will be based on the trip generation rates/equations reflected in Trip Generation 9th Edition, published by the Institute of Transportation Engineers (ITE), and/or those published in San Diego Traffic Generators, current edition, published by San Diego Associated Governments (SANDAL), and/or those reflected in the City's traffic model. Appropriate trip generation credits will also be applied F' ; (i, a,9 . i 3�J i "rO - 5'?' t rt�an 0` it e } f 7te i Sz zz ,1�.� u € �t{ wtsrt���i�I'2 L3E=i. ;i 3.id�' i riff>l <` villa i 1 A. c Packing. ing. Proposal, Sail ,lilt n i_: Af ()3tiLC2s klfl. Chi?G Mr. Alan Oswald September 18, 2013 Page 6 for the existing land uses on site, mixed-use development, and transit, if applicable. Compare the trip generation potential of the proposed Project with the trip generation potential of the land uses assumed in the Historic Town Center Master Plan Traffic Impact Study. 4.2 Distribute and assign anticipated Project traffic to the adjacent street system based on existing and anticipated traffic patterns to and from the site, and input from City staff. Have the City's traffic modeling consultant, Urban Crossroads, Inc. run a select zone analysis based on the proposed land use using the City's traffic model to assist in refining the trip distribution pattern of the project. 4.3 Meet with City of San Juan Capistrano to review the trip generation potential of the proposed Project, confirm the rates utilized are applicable, and gain approval on the distribution pattern for the different components and land uses of the proposed Project. 4.4 Develop estimated trip generation projections for each of the cumulative projects within the project study area in the City of San Juan Capistrano. Distribute and assign cumulative project traffic. 4.5 Develop "existing plus project" and "existing plus project plus cumulative (near-term)" traffic volume projections for up to fourteen (14) key study intersections and eighteen (18) roadway segments based on the existing traffic data collected in Tasks 3, and the traffic characteristics of the proposed Project and all cumulative projects. 4.6 If necessary, coordinate with the City's traffic modeling consultant, Urban Crossroads, Inc. to develop applicable growth rates for the study intersections not included in the City's current version of the South County Sub -Area Traffic Model (SCSAM). Per the direction of City staff, General Plan Buildout projections included in the Traffic Impact Analysis Report for the Rancho San Juan Apartments, dated February 22, 2013 will be used in this analysis. Juan (:'apkt.rtano cio Mr. Alan Oswald September 18, 2013 Page 7 Task 5: Project Evaluation and Mitigation Measure Analysis 5.1 Prepare AM and PM peak hour Level of Service (LOS) calculations at up to twenty (20) key intersections for the following traffic conditions. The LOS calculations for key signalized intersections within the City of San Juan Capistrano will be calculated using the Intersection Capacity, Utilization (ICU) method and the Highway Capacity Manual (HCM) method based on the City's minimum "D" level -of -service per the General Plan Growth Management Element. Traffic Impact Scenarios A. Existing Traffic Conditions, B. Existing Plus Project Traffic Conditions, C. Scenario (B) With Improvements; if necessary, D. Existing Plus Project Plus Cumulative Traffic Conditions, E. Scenario (D) With Improvements; if necessary, F. Existing Plus Project Plus Buildout Traffic Conditions, G. Scenario (F) With Improvements; if necessary. Traffic signal cycle lengths and PHF used in any calculations shall be verified prior to intersection calculations being performed. 5.2 Evaluate the peak hour traffic impacts of the project at the 14 key study intersections within the City of San Juan Capistrano based on the City's minimum "D" level -of -service per the General Plan Growth Management Element. Evaluation of potential project traffic impacts will be made relative to existing traffic conditions and cumulative traffic conditions based on the City of San Juan Capistrano definition for significant impact. 5.3 Based on this assessment, determine which intersections (if any) will require improvements to mitigate the impacts due to the proposed Project and achieve satisfactory Service Levels and/or an acceptable level of insignificance (pre - project traffic conditions). The recommended mitigation measures may include intersection improvements and/or signalization improvements, striping modifications, and the addition of auxiliary turning lanes. At key unsignalized intersections, conduct a traffic signal warrant analysis, if necessary. ED V-' :_t I 51121d301i - .;7r' t;iban L`i 4a;,;c; }i.€>t65att1 Juan ;3oR;'i &, 4`€ik,1s _Y L,1 &}' a=r#i7g 'eopet7a., 5i:n Mr. Alan Oswald September 18, 2013 Page 8 5.4 Evaluate the daily traffic impacts of the Project at up to eighteen (18) key study roadway segments based on the City's minimum "C" level -of -service per the General Plan Growth Management Element. Midblock link capacity analyses will be prepared for the following conditions: A. Existing Traffic Conditions, B. Existing Plus Project Traffic Conditions, C. Scenario (B) With Improvements; if necessary; D. Existing Plus Project Plus Cumulative Traffic Conditions, E. Scenario (D) With Improvements; if necessary, F. Existing Plus Project Plus Buildout Traffic Conditions, G. Scenario (F) With Improvements; if necessary. Evaluate potential daily Project traffic impacts based on the City's minimum "C" link level -of -service per the General Plan Growth Management Element. If the increment in daily traffic is significant, then evaluate the study link on an AM and PM peak hour to determine if project -related traffic and cumulative traffic have a significant impact on a roadway segment's peak hour LOS. Finally, if the increment in peak hour traffic is significant, then evaluate the study link on an AM and PM peak hour basis using the HCM method to determine if project -related traffic and cumulative traffic have a significant impact on a roadway segment's peak hour LOS. Task 6: Synchro Analysis 6.1 Using the Synchro 7.0, Traffic Signal Coordination Software, conduct an operational analysis of the following key roadway segment which include four (4) intersections in the City to determine the potential impact of Project -related traffic and cumulative traffic: 1. Del Obispo Street / Plaza Drive 2. Del Obispo Street / Camino Capistrano 3. Del Obispo Street / Paseo Adelanto 4. Del Obispo Street / Alipaz Street Traffic counts at the adjacent counted upstream intersection shall be used for the traffic entering the operational analysis area. P� CIN 3 12 L301, 0 - S.K, t 4ha€a %,'W agc rhs16 Siw.. Jii an d <a{%isYiitFta�:}' 13 ' ��) SJt_ 1 4mkl &vili�a i l.+ N.,Ii .irt i"t s :a�', 5av� Juan f'a )i.5i.rz ;is..sicte Mr. Alan Oswald September 18, 2013 Page 9 Task 7: Traffic Signal Warrant Study 7.1 Prepare a signal warrant analysis for the intersection of Forster Street and Del Obispo Street and the timing of implementation. Task 8: Fair -Share Analvsis 8.1 Per City Council Policy I11, calculate the Project's fair -share analysis percentages to determine the Project's responsibility for constructing and/or financing all necessary mitigation measures/improvements. Task 9: Site Access and Internal Circulation Evaluation 9.1 Evaluate and comment on the proposed access and internal circulation scheme of the proposed Project, with a focus to on-site circulation layout and design, vehicle stacking at site driveway(s), ingress and egress safety opportunities and constraints, adequate sight distances at project driveway(s), and pedestrian circulation. 9.2 Evaluate on-site circulation with regard to truck turning movements and passenger car conflicts, service/delivery access and circulation layout, and internal intersection controls. Provide circulation recommendations where necessary. 9.3 Prepare Parking Study for the San Juan Hotel & Villas Project to document any potential parking impacts of the Project (See Task 12 for detailed scope of work). Task 10: Preparation of Screencheck and Draft Traffic Report and Parking Study 10.1 Prepare a Screencheck Traffic Report that details all of the above-mentioned items, our analysis, findings and conclusions. The screencheck report will be suitably documented with tabular, graphic and appendix materials. Submit copies to the City of San Juan Capistrano and other Project team members for screencheck review. Incorporate analyses, findings and conclusions of the Project's parking study to be prepared as part of Task 12 for inclusion into the Project's Traffic Report and environmental document. 10.2 If necessary, update screencheck report based on City staff and/or project team comments, and submit final draft report to the City for inclusion into the i :i '.3�, :.:: �,y"�t ,. I.�>i�l'r,�� ltt�ti�f ,�� a �� �i ,^•7k.e •....1 ^. �«is\3 �.i . Mr. Alan Oswald September 18, 2013 Page 10 Project's Environmental Impact Report. The traffic report and parking study will be suitably documented with all tabular, graphic and appendix materials. Task 11: Meeting Support 11.1 Prepare for and attend up to three (3) City Staff coordination meetings. For budgeting purposes, we have allotted two (2) hours of the Project Manager's time. A budget of $475.00 is requested per meeting. 11.3 Prepare for and attend a total of three (3) public meetings/hearings with the City of San Juan Capistrano Planning Commission (2) and City Council (1). This component includes preparation of specific presentation materials on traffic issues. For budgeting purposes, the average length of each public hearing/meeting is assumed to be five (5) hours and will be attended by the Principal Engineer. A budget of $1,150.00 is requested for attendance at each public hearing. Task 12: Parking Analysis, Parking Accumulation Surveys and Memorandum 12.1 Determine the parking requirements for the various components of the Project based on the City of San Juan Capistrano Municipal Code. Determine the surplus or deficiency in the on-site parking supply as compared to the Code parking requirements. 12.2 Using parking demand studies prepared by LLG for other similar hotels, along with rates outlined in national standards (ITE Parking Generation Manual), tabulate the existing hourly parking profile for the hotel room component only and summarize the results. We understand that City staff has indicated that LLG will be required to provide our hotel parking demand studies to the department for review and acceptance prior to the incorporation of the derived peak parking ratio into the parking analysis. If the studies are found to be acceptable, the derived peak parking ratio for only the hotel room component will be applied to the total number of hotel rooms (assuming 100 percent occupancy) and ULI and surveyed hourly parking accumulation profiles will be reviewed in order to forecast the hourly variations. 12.3 Research, review and consider parking generation factors listed in the 4th Edition of Parking Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C.; 2010] and/or the 2nd Edition of Shared SY, ( rh;w Mr. Alan Oswald September 18, 2013 Page 11 Parking, published by the Urban Land Institute (ULI) in 2005. These peak parking ratios can be presented for informational purposes. 12.4 Prepare a shared parking demand forecast employing the ULI shared parking methodology in order to account for potential parking demand associated the other hotel components (i.e., if they are available for use and booking by the general public and not limited only to registered guests of the hotel) as well as the villas residential guest parking demand. Develop a parking demand forecast on an hourly basis for all other components of the hotel project (e.g., the restaurant, retail, and meetingibanquet room spaces). Combine the peak parking demand forecast for all of the hotel components to the proposed parking supply and identify any surplus or deficiency. The appropriate parking adjustments will be applied to account for alternative modes of transportation (i.e. transit, rail, bike, pedestrian traffic) and for internal capture/mixed-use development, if applicable. 12.5 If directed by City Staff, identify other available parking within the vicinity, in order to address any identified parking deficiency. 12.6 To supplement the prior parking demand studies prepared by LLG (see Task 12.2), coordinate with the project applicant/City staff to identify two existing hotel developments in the area that are similar in nature as the proposed project. It is assumed that related information such as the number of rooms and occupancy/vacancy information, and meeting/special events scheduled at these hotels on the days of the parking accumulation surveys will be provided by the project applicant/City staff. 12.7 Visit the survey sites to confirm the site access and parking areas, in order to verify our understanding of the parking conditions for each site. Conduct an inventory of the existing parking including the number of on-site parking spaces by type (i.e., standard, compact, handicap, time -restricted, visitors, etc.) for the two existing hotel developments. 12.8 Conduct two days of on-site parking accumulation surveys at the two existing hotel developments identified in Task 12.6. It is recommended that the parking accumulation surveys be conducted during one typical weekday and one typical weekend day (e.g., Friday and Saturday) in a typical peak season. The surveys will be conducted in one-hour time intervals for the on-site parking areas for the two survey sites, tentatively between 6:00 AM and 12:00 AM midnight; the survey period will be adjusted to '/z hour intervals if the ':`•." t3I 331,1 s i[ 1 'r3- SJC' Urban ViIlap,­, ifwcI Sasr1; wan { ='i SJC' Hott .l T, 4'ilias HA & Parkng San Juan d,. F347)5(:C«i 1167. C��JL Mr. Alan Oswald September 18, 2013 Page 12 parking occupancy exceeds 90% during the prior survey round / last hourly count. The specific count days and survey time periods will be verified with the project applicant team and City staff prior to commencement of the analysis. It should be noted that the parking accumulation counts and observations will need to be conducted during typical, non -holiday peak time periods. This work program assumes up to a total of two (2) traffic count subconsultant personnel will be required for this task. Should City staff require surveys at additional locations or during additional survey days/hours (i.e., more than 18 hours on each day or more than two survey days) or should additional count personnel (i.e., more than two survey personnel) be needed, an amendment to our contract will be necessary. 12.9 Tabulate the existing parking survey data and summarize it accordingly. Compare results with prior parking demand studies prepared by LLG. Determine the existing peak parking demand at the surveyed sites during the study hours and derive a peak parking ratio and demand profile for use in the shared parking analysis for the proposed hotel (see Task 12.4). 12.10 Prepare a draft parking assessment in memorandum format which details all of the above mentioned items including our analysis, findings and conclusions. The draft memorandum will be suitably documented with tabular, graphic and appendix material. The draft memorandum will be submitted to the City for review and comment. 12.11 If necessary, update the draft parking assessment based on City staff comments (i.e., one round of minor revisions assumed). Prepare a final memorandum incorporating City staff comments and transmit the final parking study for inclusion into the Project's environmental document. COST ESTIMATE AND METHOD OF PAYMENT We estimate that our fee for the services outlined above in Tasks 1 through 12 will not exceed $43,325.00. Our fees will be billed monthly on a time -and -materials basis according to the attached Fee Schedule. We estimate our fee for the preparation of San Juan Hotel & Villas Traffic Impact Analysis Report (Tasks 1 through 10, excluding Tasks 3) will not exceed $24,750.00. For Tasks 3.1 and 3.2, we request an allocation of $3,200.00 to conduct three (3) days Mr. Alan Oswald September 18, 2013 Page 13 of peak period traffic counts at four (4) intersections and three (4) days of 24-hour machine counts at eight (8) roadway segments per the City of San Juan Capistrano requirements. For meeting support outlined in Task 11, we request a budget of $4,875.00. For Task 12, Parking Analysis, we request a budget of $10,500.00. TIME SCHEDULE We estimate that the Screencheck Draft Traffic Report can be completed four to five weeks after we receive written the notice to proceed and completion of additional traffic count program identified in Task 3. We estimate that our draft parking study memorandum will be available approximately four weeks after completion of the parking surveys and receipt of the survey data. Hence, it is imperative that potential survey sites be identified within the first week of authorization. As previously noted, the parking accumulation counts will need to be conducted during typical, non -holiday peak time periods. This time estimate assumes issues of direct impact (i.e. project description and development program) are well enough defined to allow our analysis to proceed effectively. To the extent possible, we will make every effort to complete our work in coordination with the City's and project applicant's schedule. Please note that project schedule assumes both the traffic and parking analysis will be prepared concurrently. ADDITIONAL WORK We will also be pleased to provide any additional support beyond the scope of services outlined above as you may require. Such additional tasks may include, but are not limited to the following: conducting additional manual turning movement counts, evaluating potential Project related traffic impacts at other key intersections, preparation of conceptual mitigation improvement plans, preparation of response to comments received from the general public on traffic/circulation section of the Project's EIR, and attendance at additional meetings with team members, City staff and/or public hearings. Mr. Alan Oswald September 18, 2013 Page 14 Such tasks will be considered extra work and will be billed on a time and materials basis using the attached fee schedule or the fee schedule in effect at the time those services are requested. For the additional services, a separate contract amendment will be prepared. As requested in the City's Scope of Work, up to four (4) additional intersections and four (4) additional roadway segments, to be determined by the City subsequent to the completion of the trip generation, trip distribution and/or project impact evaluation sections of the traffic report maybe be included in the analysis and will require a separate contract amendment. LIABILITY We carry appropriate liability insurance, both general and professional and workman's compensation insurance. Certificates will be provided to the City of San Juan Capistrano in conformance with the requirements of the City's Professional Services Agreement. TERMINATION The services covered by this proposal may be terminated by either party at any time by written notice. Upon termination, Linscott, Law & Greenspan, Engineers will stop all activities immediately, notify all subcontractors (if any) to stop work, and prepare an invoice for any services rendered but not already submitted to the client. AUTHORIZATION If this proposal is acceptable, you may indicate approval by signing in the space provided at the end of this letter and returning the original for our files. Alternatively, you may issue a purchase order or consultant agreement with this proposal attached as an exhibit. A copy of this proposal is enclosed for your convenience. This proposal is valid for 90 days from the date of this letter. }'_`_ h 1 3V121.30I al? - SR, Village IlotcI laza . uan €„ gmstr anioA112130 I10 Sat' SINkl &, Vi I h11A & i', 4 an;g lltso os..1, Mn! Juan a.'+aplstr,izav-dor 7 Mr. Alan Oswald September 18, 2013 Page 15 Please note that for the purposes of preparing contract paperwork, Linscott, Law & Greenspan, Engineers, is a DBA for LG2WB Engineers, Inc., a California corporation. We appreciate the opportunity to submit this proposal and look forward to working with you and the City of San Juan Capistrano on this project. If you have any questions regarding this proposal, please do not hesitate to call me. Sincerely, Linscott, Law & Greenspan, Engineers 67 Richard E. Barretto, P.E. Principal California Registration: TR 2006 Attachments ACCEPTED FOR TASKS 1 THROUGH 12 AS OUTLINED ABOVE, FOR A FEE NOT TO EXCEED $43,325.00 (Authorized Agent) (Title) (Firm) (Federal I.D. #) (Address) (Date) FEE SCHEDULE 104.00 Engineering Associate I......................................................................................$ 100.00 Engineering Computer Analyst II.......................................................................$ A Effective November 13, 2006 78.00 SeniorCADD Drafter.........................................................................................$ Revised April 30, 2007 CADD Drafter III...............................................................................................$ 93.00 CADDDrafter lI................................................................................................$ 82.00 Engineers& Planners TITLE PER HOUR Traffic Subcontractors and other project -related expenses will be billed at cost plus 15%. Paul W. Wilkinson, PE Transportation Principals Interim and/or monthly statements will be presented for completed work. These will be due and payable upon Parking PrincipalEngineer..............................................................................................$ 225.00 unpaid balance. Associate Principal Engineer..............................................................................$ 195.00 1_inscalt, Law & Planning/Design Manager..................................................................................$ 180.00 Greenspan, Engineers 2 Executive Circle Transportation Engineers Suite 250 Senior Transportation Engineer..........................................................................$ 163.00 Irvine, (�i�l ������ Irvin ,CA92 Transportation Engineer III................................................................................$ 144.00 r 949.825.61 f Transportation Engineer II.................................................................................$ 122.00 wtivev.IgengiV0ers:c0ln Transportation Engineer I...................................................................................$ 105.00 Pasadena Transportation Planners Irvine Senior Transportation Planner............................................................................$ 144.00 San Diego Transportation Planner III..................................................................................$ 122.00 Woodland Fulls Transportation Planner II....................................................................................$ 105.00 TransportationPlanner 1.....................................................................................$ 93.00 Technical Support Engineering Associate II....................................................................................$ 104.00 Engineering Associate I......................................................................................$ 100.00 Engineering Computer Analyst II.......................................................................$ 99.00 Engineering Computer Analyst I........................................................................$ 78.00 SeniorCADD Drafter.........................................................................................$ 100.00 CADD Drafter III...............................................................................................$ 93.00 CADDDrafter lI................................................................................................$ 82.00 CADDDrafter I..................................................................................................$ 71.00 Senior Engineering Technician..........................................................................$ 100.00 Engineering Technician Il..................................................................................$ 93.00 EngineeringTechnician I...................................................................................$ 71.00 Word Processor/Secretary..................................................................................$ 66.00 EngineeringAide I.............................................................................................$ 50.00 Public Hearing and litigation support may be charged at 125% of the base rate. Consultation in connection with litigation and Court appearances will be quoted separately. Philip M, Lirxscott, PE irs2a xxx�; Jack M. Greenspan, PE iH,,r f Project -related mileage will be billed at the prevailing standard mileage rate as determined by the IRS. Wiliam A. Law, PEittnt) Subcontractors and other project -related expenses will be billed at cost plus 15%. Paul W. Wilkinson, PE The above schedule is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. Joan P. Keating, PE Interim and/or monthly statements will be presented for completed work. These will be due and payable upon David S. Shender, PE presentation unless prior arrangements are made. A finance charge of 1.5% may be charged each month on the John A. Boarar m PE unpaid balance. Clare M. Look-JaegerPE Richard E. Bairetio, PE Keil D. Maherry; PE P:\Fee Schedules\November 13, 2006 Fee Schedules\Fee Schedule 111306 (revised 043007) with logo.doc Au i,UMB Cirnpony founded i%fti .. F0 - Date: 12/02/2013 CITY OF SAN JUAN CAPISTRANO DOCUMENT TRANSMITTAL FORM This form is for the transmittal of documents for signature. (e.g. Agreements, Contracts, Deeds, Easements) Agenda Item No. (if Applicable): N/A, City Council, SJCHA or SACRA Meeting Date (if applicable): N/A Brief description of document and/or services provided: A Traffic Impact Analysis (TIA) for the Urban Village (San Juan Hotel and Villas) Project. Submitting Department: Development Services Staff Contact: Bill Ramsey/Alan Qswald Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to the contractor/consultant. Step 1 N■ Purchasing — For Procurement Contracts/Agreements (if applicable) Q$3,000 or less — (Department Head's Authority -- No Purchase Order Required— STOP— further routing not necessary) 0 $3,001 - $10,000— (Department Head's Authority) 0 $10,001 - $45,000 — (City Manager's Authority) _ $45,001 or over — (City Council Approval Required*) *Date of Council Approval: or Resolution. No.: 0 Public Contracts $45,000 or less — (City Manager's Authority Required) = Public Contracts over $45,000 — (City Council's Authority Required*) *Date of Council Approval: or Resolution. No.: Step 2 H Department Head 0 Approved = Not Approved Not Applicable Director's Initials/Date Step 3 ❑■ City Attorney = Approved ® Not Approved Not Applicable City Attorney's Initials/Date Step 4 FE -1 Finance 0 Funding Available No Funding Available Budget Amendment Required Notes: Finance Initials/Date Step 5 7 City Manager Q Approved Denied City Manager's Initial's/Date: Step 6 RN Insurance Requirements (if applicable) *Mark the requirements included in the attached document. Commercial/General Liability 0 Additional Insured Endorsement Auto Liability 0 Worker's Compensation =Professional/Errors and Omissions = Not Applicable = Public Works Contracts — Labor/Material & Performance Bonds Step 7 FE -1 City Clerk (For Final Routing) I_4 -' Approval Process Completed — Copy of Contract Transmittal Foran with documents forwarded to FS Department or back to the originating department as appropriate. = Denied — Returned to submitting department. Please provide the following and return to the City Clerk's Office: City Clerk's Initial's/Date: Page 1 of 2 1. Contractor/Consultant Name: LG2WB Engineers, Inc., dba Linscott, Law & Greenspan Engineers 2. Business License*: ❑■ Yes ❑ No License Number: 72684 Date of Expiration 12/31/14 *If work is performed in the City, a Business License is required. 3. Contract Amount: $ 43,325 4. Budget Account Number: 25-62100-62270-80295-000 5. City Services and Facilities to be provided (If Applicable): N/A 6. Is this a standard City contract? 0 Yes ❑ No If no, explain: // Are two original contracts submitted? ❑■ Yes ❑ No If no, explain: Contract Date: 12/02/13 Expiration Date: 12/31/14 Insurance Certificate (if applicable) attached: ❑■ Yes ❑ No If no, explain: 10. Purchase (if applicable) Requisition attached: ❑■ Yes ❑ No If no, explain: 11. Bid Recap (if applicable) attached: ❑M Yes ❑ No If no, explain: 12. W-9 Form (if applicable) attached: Yes ❑ No If no, explain: 13. New Vendor Application Form (if applicable) attached: ■❑ Yes ❑ No If no, explain: 14. Does this document need to be recorded? ❑ Yes Q No If Yes, please provide only one original copy. The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office. Page 2 of 2 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAx www.sanjuancapistrano.org TRANSMITTAL �•7 Linscott, Law & Greenspan Engineers 2 Executive Circle, Suite 250 Irvine, CA 92614 Attn: Richard E. Barretto, P.E., Principal DATE: January 8, 2014 FROM: Manny Ruelas, Office Assistant (949) 443-6308 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO ROY L. BYRNES, M.D. LARRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement— Professional traffic engineering and parking consulting services associated with the Urban Village Mixed Use project, Architectural Control (AC) 13- 023. Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of the agreement. If you have questions related to insurance requirements, please call Christy Jakl, Deputy City Clerk at (949) 443-6310. If you have questions concerning the agreement, please contact Ayako Rauterkus, Management Analyst at (949) 443-6325. Enclosed is an Original Copy for your records. Cc: Ayako Rauterkus, Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper