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16-0419_PLACEWORKS_Professional Services Agreement (2)
CITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into as of .frpYIJ I q , 2016 by and between the City of San Juan Capistrano, a municipal corporation organized and operating under the laws of the 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 11 00, 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 Hotel Capistrano by Kimpton Inn project (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. 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." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $90,292. 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. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant 1 61147.01000\24715722.1 with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4. Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed ("Notice to Proceed"). Consultant shall complete the services required in accordance with the project schedule set forth in Exhibit C attached and incorporated herein. The Notice to Proceed shall set forth the date of commencement of work. 6. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/ OSHA requirements. b. If 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. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8. Standard of Care 2 61147.01000\24715722.1 Consultant's services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9. Assignment 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. Independent Consultant 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. Insurance. 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. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General 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 Insurance, 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) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. for the following: 61147.01000\24715722.1 (iii) Commercial General Liability Insurance must include coverage (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage 3 (9) Independent Consultants Coverage (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 against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 1 0 10 01 and 20 37 1 0 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol1, any auto). (iii) 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/Employer's Liability (i) Consultant certifies that he/she is aware of the prov1s1ons of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (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 Insurance Act," Division IV 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. 4 61147.01000\24715722.1 d. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in 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 Policy Limits Required (i) The following insurance limits are required for the Agreement: Commercial General Liability Automobile Liability Employer's Liability Professional Liability Combined Single Limit $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage $1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence $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 · the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. g. Policy Provisions Required 5 61147.01000\24715722.1 (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 (1 0) days prior written notice of cancellation of any such policy due to non-payment of premium. If 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 Liability Additional Insured Endorsement to the City at least ten (1 0) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant's policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h. Qualifying Insurers (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:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is 6 61147.01000\24715722.1 not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If 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. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j. Subconsultant Insurance Requirements. 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. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or incident to any alleged 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 consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers . b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or 7 61147.01000\24715722.1 volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include paymet:~t for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers; employees, agents and volunteers. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected 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. It 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, employment of apprentices, hours of labor and debarment of contractors and subcontractors. b. If 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 musf be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 14. Verification of Employment Eligibility. 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 Immigration 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. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California. 8 61147.01000\24715722.1 17 Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (1 0) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days' written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. · 18 Documents. Except as otherwise provided in "Termination or Abandonment," above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19. Organization Consultant shall assign Nicole Morse, 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 Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: CITY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: David Contreras, Senior Planner Development Services Dept. 61147.01000\24715722.1 9 CONSULTANT: PlaceWorks 3 MacArthur Place, Suite 11 00 Santa Ana, CA 92707 Attn: Nicole Morse, Esq. and shall be effective upon receipt thereof. 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 24. Entire 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. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27. Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28. Time of Essence Time is of the essence for each and every provision of this Agreement. 29. City's Right to Employ Other Consultants 10 61147.01000\24715722.1 City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30. Prohibited Interests Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE] 11 61147.01000\24715722.1 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND PLACEWORKS IN WITNESS WHEREOF , the Parties have executed this Agreement as of the date first written above . CITY OF SAN JUAN CAPISTRANO ~_() B-;-/cd By : Pam Patterson , Esq. Mayor APPROVED AS TO FORM: By: 61147 .02100\10974777.1 Place Works -By: Its: Printed Name: hl j \\\am t=(alli~n 12 EXHBIT A ~ PLACEWORKS All required parking for the Hotel and Restaurant will be provided on-site through surface parking with a total of 158 parking spaces. The project is in the downtown and has access to transit (OCTA bus service) and the Metrolink and Amtrak railroad service which conveniently links the downtown to other cities in the region and State. Project Approach Based on the project description and information provided by the City, we expect that CEQA clearance for this project will require preparation and processing of an Initial Study/Addendum to the San Juan Hotel & Villas MND. However, if any of the conditions illustrated in CEQA guidelines 15162 would result from the proposed Project, a supplemental MND or EIR would be recommended and handled by a contract amendment. Scope of Work TASK 1. PROJECT INITIATION PlaceWorks will prepare an agenda and attend one kick-off meeting with City staff. Prior to and concurrent with this meeting, PlaceWorks will review all available studies and documentation on the site and conduct a site visit. The site visit will include photographing and documenting the existing conditions onsite and the surrounding area. After the kickoff meeting, Place Works will prepare and submit meeting minutes, existing conditions for inclusion in the Initial Study, and site photographs to the City. TASK 2. TECHNICAL STUDIES PlaceWorks does not anticipate the. need to include any new technical reports. The evaluation of the modified project includes the following data, reports, and project details from the project applicant: » Site Plan » Grading Plan, showing earthwork quantities » Circulation Plan » Landscape Plan » Phasing Plan » View Simulations, Building Elevations, Floor Plans » Phase I Environmental Site Assessment » Water Quality Management Plan and Drainage Plan » Infrastructure Report » Geotechnical Report » Traffic counts and analysis If any of the technical reports listed above cannot be provided, PlaceWorks can have them prepared by our in-house technical experts. This would be handled by a contact amendment. View Analysis. The aesthetics analysis will be conducted by analyzing site photographs, applicant provided visual simulations, building elevations, and plans. Our in-house CAD experts will evaluate the view simulations provided by the project applicant to ensure that they accurately reflect the proposed project based on the proposed grading plans and elevations. If we have comments or need revisions to the view simulations, it is assumed that the project applicant will provide those revisions. April18, 2016 I 13 @.l) PLACEWORKS Biological Resources. Although a new tree survey is not expected to be needed, our in-house biologist will conduct a site walk to determine if any conditions on the site have changed since the previously adopted MND and 2013 tree survey prepared by Ardea Consulting. If further reports are required, it would be handled by a contract amendment. Task 2a. Air Quality and GHG Emissions Modeling PlaceWorks will prepare an air quality and greenhouse {GHG) emissions analysis to evaluate potential construction and operational impacts of the Project compared to those analyzed in the 2014 San Juan Hotel & Villas MND {2014 MND). The analysis will be consistent with the current methodology of the South Coast Air Quality Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB). The analysis will calculate project-related criteria air pollutant and GHG emissions generated on the project site using the California Emissions Estimator Model (CaiEEModt which is the latest emissions computer model released by SCAQMD. The analysis will be incorporated into the Addendum and modeling datasheets will be included as an appendix. For the purpose of this scope and cost estimate, it is assumed that the Project would not increase the magnitude or severity of the air quality and GHG emissions impacts identified in the 2014 MND. Operational Impacts. The 2014 MND identified that regional air quality impacts were less than significant. The air quality analysis will provide a project-level estimate of existing emissions and long-term criteria air pollutant emissions from mobile sources associated with the approved project and the modified project utilizing the average daily trip generation. Criteria air pollutant emissions will be compared to the operation emissions from the 2014 MND and assessed against the SCAQMD regional significance operation thresholds. With regard to health risk and air toxics, the recent Supreme Court decision regarding the assessment of the environment's impacts onto proposed projects means that is it generally no longer the purview of the CEQA process to evaluate health risk of the freeway on the project as was done in the 2014 MND. Additionally, no residential uses are being proposed. For impacts identified under CEQA, the mitigation measures identified in the 2014 MND will be reviewed and revised in order to reflect minor changes in environmental conditions and regulatory environments since adoption of the MND. Construction Phase Impacts. The 2014 MND identified that construction-related air quality impacts were Jess than significant with mitigation incorporated. The construction phase regional emissions inventory will be based on the construction schedule, including construction duration for each construction subphase, anticipated construction equipment for each construction subphase, and estimated earthwork and demolition debris movement, as provided by the project applicant. Project-related regional construction emissions will be compared to the construction emissions from the 2014 MND and assessed against the SCAQMD regional significance construction thresholds. Localized air pollution impacts from construction equipment exhaust and fugitive dust will be compared to SCAQMD's localized significance thresholds (LST) screening criteria for their potential to elevate concentrations of air pollutants at the adjacent land uses surrounding the project site. Modifications to the existing mitigation measures may be necessary to ensure less than significant impacts. GHG Emissions Impacts. The 2014 MND identified that GHG emissions impacts were less than significant. The GHG emissions analysis will discuss consistency with statewide, regional, and local GHG reduction plans. Additionally, GHG emissions generated by land uses associated with the project site will be quantified for existing conditions, the approved project, and the modified project. In addition, total GHG emissions from construction activities will be amortized into the GHG emissions inventory. GHG emissions reductions from recently adopted programs and regulations, including improvements in fuel efficiency, April18, 2016 14 [j] PLACEWORKS state building code energy efficiency, and landscaping water efficiency will be included. Project-related GHG emissions will be compared to the GHG emissions calculated in the 2014 MND and assessed against the SCAQMD's significance criteria. Deliverable(s): • Air Quality and GHG Analysis; modeling to be included as an appendix. Task 2b. Noise Modeling PlaceWorks will prepare a noise and vibration analysis to evaluate potential construction and operational impacts ofthe Project; as compared to those analyzed in the 2014 MND. The noise analysis will rely on the findings of previous CEQA documentation, project plans, and aerial photos to identify the major sources of noise in the vicinity of the project and to evaluate the compatibility of the modified project with the ambient noise of the project area; mainly traffic noise on Camino Capistrano and Del Obispo. This analysis will identify if the project will require additional analysis to meet the City's exterior and interior noise standards. Changes in the noise environment from project-related traffic will be calculated with the Federal Highway Administration's (FHWA's) traffic noise model using existing and future traffic volumes in the project vicinity. We assume that the daily traffic volumes will be provided in the 'project's traffic study. In addition to long-term impacts, the noise analysis will evaluate potential noise and vibration impacts at uses adjacent to the site during the demolition/construction phases. A comparison with the 2014 MND will be provided to determine if any new significant noise impacts would result. However, the recent Supreme Court decision regarding the assessment of the environment's impacts onto proposed projects means that is it generalfy no longer the purview of the CEQA process to evaluate traffic noise effects in terms of fand use compatibility issues; either exterior or interior sound environments. For impacts identified under CEQA, the mitigation measures identified in the 2014 MND will be reviewed and revised in order to reflect minor changes in environmental conditions and regulatory environments since the MND adoption. Deliverable(s): • Noise and Vibration Analysis; modeling to be included as an appendix. Task 2c. Focused Traffic Impact Analysis (LLG) Linscott, Law & Greenspan, Engineers (LLG) will prepare a Traffic Impact Analysis Report Addendum to compare the impacts of the proposed project to the previously adopted MND and Final Traffic Impact Analysis Report (dated February 6, 2014) for the San Juan Hotel & Villas project. LLG's scope of work is as follows: Project Mobilization » 1.1 Meet with the project team and City staff to discuss the proposed Project and confirm land use development tabulation/project description to be evaluated in the traffic study, especially in forecasting the Project's trip generation potential. Discuss assumptions to be used to include completion year and anticipated phasing. » 1.2 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 (discuss items below), and confirm the traffic impact scenarios and list of study intersections to be analyzed. In addition, the project's trip generation forecast and distribution patterns will be reviewed and confirmed. April18, 2016 I 15 ~ PLACEWORKS • Project Description and Location • Traffic Study Locations (i.e. intersections and/or roadway segments) • Source of Existing Traffic Counts • Project Traffic Generation Rates and Forecast • Project Traffic Distribution Pattern/ Assignment • Analysis Scenarios and Level of Service Methodology • LOS Standards and Significance Impact Criteria Data Collection and Research » 2.1 Visit the City of San Juan Capistrano and compile information with regards to planned street improvements within the Project study area, if any, that may be conditions of approval of approved projects in the City. » 2.2 Work with the City of San Juan Capistrano Planning Department and obtain list of related projects that may need to be considered in the traffic study. Given a cumulative assessment is not required by the City, this information may not be required (too be confirmed). » 2.3 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 oftraffic conditions in the area that might affect this project. Traffic Count Program » 3.1 Based on direction given by the City of San Juan Capistrano staff, the following eight (8) locations were identified as study intersections: • 1. 1-5 Northbound Ramps at Ortega Highway • 2. 1-5 Southbound Ramps at Ortega Highway • 3. Del Obispo Street at Ortega Highway • 4. El Camino Real at Ortega Highway • 5. Del Obispo Street at Camino Capistrano • 6. Del Obispo Street at Paseo Adelanto • 7. Del Obispo Street at Ali paz Street • 8. Camino Capistrano at Forster Street Traffic counts will be conducted for two (2) weekday days (Monday and Tuesday) for the AM and PM peak period between the hours of 7:00AM-9:00AM and 4:00PM-6:00PM in support of detailed intersection capacity analyses for the above listed intersections. » 3.2 Based on direction given by the City of San Juan Capistrano staff, the following seven (7) locations were identified as study roadways segments: • 1. Ortega Highway between -5 NB Ramps and 1-5 Southbound Ramps • 2. Ortega Highway between 1-5 SB Ramps and Del Obispo Street • 3. Ortega Highway between Del Obispo Street and El Camino Real • 4. Del Obispo Street between Ortega Highway and Camino Capistrano • 5. Del Obispo Street between Camino Capistrano and Paseo Adelanto • 6. Del Obispo Street between Paseo Adelanto and Ali paz Street • 7. Camino Capistrano between Ortega Highway and Del Obispo Street April 18, 2016 I 16 (i] PLACEWORKS Traffic counts will be conducted for (4) weekday and weekend days (Saturday, Sunday, Monday and Tuesday) for 24-hour tube-counts in support of detailed intersection capacity analyses for the above listed roadway segments. It should be noted that the traffic counts collected above would be used to compare the weekday traffic counts (AM and PM peak hours) with the weekend traffic counts (Midday peak hour) for informational purposes. Weekday Trip Generation, Distribution and Assignment Analysis » 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 weekday 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 ofTransportation Engineers (ITE), and/or those published in San Diego Traffic Generators, current edition, published by San Diego Associated Governments (SANDAG), and/or those reflected in the City's traffic model. » 4.2 Distribute and assign anticipated weekday 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 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 weekday 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 weekday "Existing With Project" traffic volume projections for up to eight (8) key study intersections and seven (7) roadway segments based on the existing traffic data collected in Tasks 3, and the traffic characteristics of the proposed Project. Weekday Project Evaluation and Mitigation Measure Analysis » 5.1 Prepare weekday AM and PM peak hour Level of Service (LOS) calculations at up to eight (8) 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. The Traffic Impact Analysis Scenarios are listed below: • 1. Weekday Existing Traffic Conditions, • 2. Weekday Existing With Project Traffic Conditions, and • 3. Weekday Scenario (2) With Improvements; if necessary and feasible. Traffic signal cycle lengths and PHF used in any calculations shall be verified prior to intersection calculations being performed. » 5.2 Evaluate the weekday peak hour traffic impacts of the Project at the 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 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 April18, 2016 I 17 ~ PLACEWORKS measures may include intersection improvements and/or signalization improvements, striping modifications, and the addition of auxiliary turning lanes. » 5.4 At the intersection of Camino Capistrano and Forster Street, which is currently unsignalized, conduct a traffic signal warrant analysis per the requirements of the City of San Juan Capistrano. » 5.5 Evaluate the weekday daily traffic impacts of the Project at up to seven (7) key study roadway segments based on the City's minimum "C" level-of-service per the General Plan Growth Management Element. Mid block link capacity analyses will be prepared for the following Traffic Impact Analysis Scenarios: • 1. Weekday Existing Traffic Conditions, • 2. Weekday Existing With Project Traffic Conditions, and • 3. Weekday Scenario {2) With Improvements; if necessary and feasible. Evaluate potential weekday 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 weekday daily traffic is significant, then evaluate the study link on a weekday AM and PM peak hour to determine if Project-related traffic will have a significant impact on a roadway segment's peak hour LOS. Finally, if the increment in weekday peak hour traffic is significant, then evaluate the study link on a weekday AM and PM peak hour basis using the HCM method to determine if project-related traffic will have a significant impact on a roadway segment's weekday peak hour LOS. Synchro Analysis » 6.1 Using the Synchro Traffic Signal Coordination Software, conduct an operational analysis of the following two {2) key roadway segments of Ortega Highway and Del Obispo street which includes seven (7) intersections in the City to determine the potential impact of Project-related traffic: • 1. Ortega Highway I 1-5 Northbound Ramps • 2. Ortega Highway I 1-5 Southbound Ramps • 3. Ortega Highway I Del Obispo Street • 4. Ortega Highway I El Camino Real • 5. Del Obispo Street/ Camino Capistrano • 6. Del Obispo Street/ Paseo Adelanto • 7. Del Obispo Street I Ali paz Street Fair-Share Analysis » 7.1 Per City Council Policy 111, calculate the Project's fair-share analysis percentages to determine the Project's responsibility for constructing and/or financing all necessary mitigation measures/improvements. Site Access and Internal Circulation Evaluation » 8.1 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. Evaluate on-site circulation with regard to truck turning movements and April 18, 2016 I 18 ~ PLACEWORKS passenger car conflicts, service/delivery access and circulation layout, and internal intersection controls. Provide circulation recommendations where necessary. Preparation of Screen check and Draft Traffic Report » 9.1 Prepare a Screen check 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 PlaceWorks, City of San Juan Capistrano and other Project team members for screencheck review. » 9.2 If necessary, update screen check report based on Project team and/or City staff comments, and submit final draft report to PlaceWorks for inclusion into the Project's Environmental Impact Report. The traffic report will be suitably documented with all tabular, graphic and appendix materials. Meeting Support » 10.1 Prepare for and attend up to two (2) City Staff/Project Team coordination meetings. For budgeting purposes, we have allotted two (2) hours of the Project Manager's time. » 10.2 Prepare for and attend one (1) public hearing at the City of San Juan Capistrano. This component includes preparation of specific presentation materials on traffic issues. For budgeting purposes, the average length of each public hearing is assumed to be five (5) hours and will be attended by the Principal Engineer. Deliverable(s): • Traffic Impact Analysis Report Addendum, to be included as an appendix. TASK 3. SCREENCHECK INITIAL STUDY Place Works will prepare a screencheck Initial Study consistent with the provisions of CEQA and City's CEQA procedures. The Initial Study will describe the project, background, and environmental setting, environmental checklist, and analysis of each environmental topic. Specifically, the following items will be included: • Project Description (RFP, Attachment 3, Section 3.1) • Surrounding Land Use & Project Setting (RFP, Attachment 3, Section 3.2) • Other Required Agency Approvals (RFP, Attachment 3, Section 3.3): No other agency approvals or permits are required for this project. • Discussion of Environmental Evaluation (RFP, Attachment 3, Section 3.4): The analysis will be based upon documented literature, reports, and surveys on the project and surrounding area. The methodology for each pertinent environmental topical area was described under Task 2. Findings will be clearly substantiated for each checklist question to conclude whether any of the conditions under CEQA Guidelines Section 15162 are met. The Initial Study will address all17 environmental topical areas listed below and include mandatory findings of significance: April 18, 2016 I 19 ~ PLACEWORKS • Aesthetics • Land Use & Planning • Agriculture & Forestry Resources • Mineral Resources • Air Quality • Noise • Biological Resources • Population & Housing • Cultural Resources • Public Services • Geology & Soils • Recreation • Greenhouse Gas Emissions • Transportation & Traffic • Hazards & Hazardous Materials • Utilities & Service Systems • Hydrology & Water Quality • Mandatory Findings of Significance • Process Documentation (RFP, Attachment 3, Section 3.5): There are no special noticing requirements for the preparation of an Addendum to a MND. However, the Notice of Determination would be prepared in accordance with Task 6 below. • References (RFP, Attachment 3, Section 3.6): The references section of the Initial Study will include all pertinent materials, technical studies, experts and persons consulted in the preparation ofthe Initial Study. This section will also include the identity of all persons, firms, and City staff preparing the Initial Study. All citations and footnotes shall meet the requirements of professional style manuals. Deliverable(s): • Screencheck Initial Study (pdf transmitted electronically) TASK 4. FINAL INITIAL STUDY Concurrently with submittal of the screencheck Initial Study, PlaceWorks will meet with the City to explain the findings and recommendation for further CEQA documentation. We will submit the document to the City for their review and comment. Upon receipt of comments from the City, PlaceWorks will make revisions and prepare the Initial Study for submission to the City for final approval. Deliverable(s): • Final Initial Study (12 hard copies and one electronic copy) TASK 5. MEETINGS AND PUBLIC HEARING Two meetings have been identified above: one kick-off meeting (Task 1) and one status meeting (Task 4). In addition, PlaceWorks staff will attend two conference calls with the City to discuss status, the project approach, schedule, or any other items that may come up related to the CEQA processing. PlaceWorks will attend up to four public hearings on the project and will answer any CEQA-related questions and/or present the findings of the Initial Study/Addendum. Additional meeting participation at the City's request will be billed on a time-and-materials basis in accordance with the hourly rates for the personnel involved, as included in this proposal. Deliverable(s): • Attendance at kick-off meeting (up to two hours; provided in Task 1) • Attendance at status meeting (up to two hours; provided in Task 4) • Attendance at two conference calls (up to two hours) • Attendance at four public hearings (up to 6 hours for preparation and attendance at each meeting) April18, 2016 I 20 ~ PLACEWORKS TASK 6. NOTICE OF DETERMINATION {NOD)1 PROCESSING1 AND FILING FEES The lead agency is required to file a NOD within five working days after deciding to carry out or approve a project (CEQA Guidelines Section 15094). Since an addendum does not require public review, formal responses to public/agency comments on the Addendum are not anticipated. After final revisions are completed, we will coordinate with the City to achieve the final environmental clearance and to prepare and file the NOD with the Orange County Clerk-Recorder. The NOD will be hand delivered so there is a record of receipt. Since the California Department of Fish and Wildlife (CDFW) fees were previously paid, additional CDFW fees would not be required upon showing of a receipt. County filing fees would be required. Deliverable(s): • Notice of Determination TASK 7. PROJECT MANAGEMENT PlaceWorks will coordinate closely with City staff to ensure that the Initial Study/Addendum and associated documents delivered to the City are legally defensible, accurate, and useful to decision makers considering the approval of the Project. The project manager will also coordinate with City staff throughout the process not only to streamline the CEQA process, but to avoid or anticipate any changes that could result in delays. The Project Management task is based on the estimated schedule for the project of 12 weeks. If the schedule of the project is extended for reasons beyond PlaceWorks' control, a contract amendment may be required for additional fees for project management and coordination efforts. Deliverable(s): • Ongoing project management for the duration of the schedule outlined in Table 1, Proposed Schedule Firm Background and Experience As our name suggests, we're all about places and how they work-geographically, environmentally, functionally, aesthetically, and culturally-but we are also passionate about how we work collaboratively with our clients. Our approach is holistic. We celebrate personal passion and ownership while encouraging integrity, creativity, and innovative thinking. We bring people together from diverse practice areas, offering the best-of-all-worlds capability and connectivity. Just as each place we work is distinctly different, so is our thinking. PlaceWorks is a California S-Corporation currently employing 120 individuals statewide, 80 percent of whom are professional staff. Originally known as The Center for Planning & Research, PlaceWorks was established in 1975 and modeled on the principles of Germany's famous Bauhaus School of Design, which aimed to integrate individual design disciplines and work efforts into a greater whole. Today we serve both public-and private-sector clients in the fields of comprehensive planning, environmental analysis and science, urban design, landscape architecture, economics, school planning, and GIS. The vast majority of work under this contract will be performed by staff in our 60-person headquarters (primary place of business) in Santa Ana. The office location and contact information for the City's primary contact is as follows: Nicole Morse, Esq. I Associate Principal PLACEWORKS 3 MacArthur Place, Suite 1100 I Santa Ana, CA 92707 714.966.9220 x2318 I nmorse@placeworks.com 21 April18, 2016 I N N PLACEWORKS TEAM COST PROPOSAL MORSE EIRProject Ta sk Description Manager Hourty Rate: S190 ENVIRONMENTAL DOCUMENTATION 1 Pro ·ect Initiation 6 2 Technical Studies Visual and Aesthetic Impact Analysis Biological Resources Survey AQ and GHG Emissions Modeling Noise Modeling Traffic Analysis (LLG)-see below under Subconsultants 3 Prepare Screencheck Initial Study (IS) Project Descriptionitlisting Conditions 2 Surrounding Land Use & Proje ct Setting Environmental Impact Analysis 24 References 1 Screencheck Initial Study-QNQC 4 Final Initial Study 12 5 Meetings and Public Hearings 24 6 Noti ce of Dete rmina tio n 7 Project Management 8 Environmental Docum entat ion Subtotal 77 Labor Total I 77 1 Subconsultants Reimbursable Expen ses (includes 10 percent markup) Pl aceWorks Reimbursable Expenses 2% of Labor for Offi ce Expenses REIMBURSABLE EXPENSES TOTAL PLACEWORKS BRYLSKI VERMILION VANG SOLTELO MANTEY Air QuaUty/ GHG Biology Air Quality/ GHG and Planner TraffiC Noise S140 S195 $105 $150 $180 12 12 60 32 2 14 1 12 60 32 12 1 SOl 32 1 FITZGERALD MICHENER POffiR KIM FROELIC H Visual ProjKL ReoderingiEIR Health Risk Geologist Planner Graphics Sen ior Editor $180 $175 $115 $125 SilO 16 4 12 8 2 60 2 2 16 16 2 4 8 2 98 16 20 81 21 98 1 16 1 20 1 WP/ CLERICAL TPCIDC&E S85 Hours 6 16 12 72 32 6 94 12 28 2 32 24 4 8 14 334 14 1 334 1 TPCIDC&E Labor Total $1,140 $2,000 $1 ,680 $8,640 $5,760 $840 $1,660 $13,250 $640 $2.780 $4,510 $4,560 $460 $1,520 $0 $49,440 49440 ! 2% TOTAL LABOR $1,140 $2.000 $1,680 $8,640 $5.760 $0 $840 $1,660 $13,250 $64 0 $2,780 $4,510 $4,560 $460 $1 ,520 $0 $49.4401 $4 9,440 1 $3 7,853 $2,010 $9 88.80 $40,852 'I m >< :z: -m --1 m EXHIBIT C ~ PLACEWORKS Proposed Schedule We estimate approximately 12 weeks for processing CEQA documentation through project approval (see Table 1, Proposed Schedule, below). The schedule assumes that the Initial Study would support the preparation of an Addendum to the San Juan Hotel & Villas MND and that no public review of the Initial Study is required. The durations and timeframes shown below are each from Notice to Proceed from the City. Table 1. Proposed Schedule TASK DURATION 1 TOTAL TIME TO COMPLETE Project Initiation 1 day 1 day Preparation ofTraffic Study (LLG)2 7 weeks 7 weeks Screencheck Initial Study/Addendum (concurrent w 8 weeks 8 weeks Traffic analysis) Meeting with City to review Initial Study findings 1 day 8.5 weeks City review and comment on Screencheck Initial Study 1 week 9.5 weeks Initial Study Revise and Distribute to City 3 days 10weeks Planning Commission hearing 1 day 14weeks File Notice of Determination 1 day 18 weeks 1 Duration and total time are both from Notice to Proceed from the City. 2 Assumes traffic data need for air quality, GHG, and noise modeling wJIJ be provided In 4 weeks. Cost Estimate Our cost estimate for preparation of the above scope of work is $90,177, as summarized in Table 2 below. A detailed cost estimate showing costs for each task by position and hourly rate is included in Appendix B. Table 2. Cost Estimate TASK COST 1. Project Initiation and Site Visit $1,140 2. Technical Studies Visual and Aesthetic Impact Analysis $2,000 Biological Resources Survey $1,680 2a. Air Quality and GHG Emissions Modeling $8,640 2b. Noise Modeling $5,760 2c. Focused Traffic Impact Analysis (LLG) (includes 10% markup) $37,853 Subtotal Task 2 $55,933 3. Screencheck Initial Study Project Description/Existing Conditions $840 Surrounding Land Use & Project Setting $1,660 April18, 2016 23 ~ PLACEWORKS Environmental impact Analysis $13,250 References $640 Screencheck Initial Study-OA/QC $2,780 4. Final initial Study $4,510 5. Meetings and Public Hearings $4,560 6. Prepare and File Notice of Determination $460 7. Project Management $1,520 Labor Subtotal Labor Subtotal 87,293 Reimbursables Initial Study (12 hard copies and 1 CD), Mileage, etc $2,010 Office Expense (2% of Labor) $989 Subtotal $2,999 j GRANDTOTAL $90,292 i Place Works-2016 Fee Schedule STAFF LEVEL HOURLY BILL RATE Principal II $250 Principal! $230 Associate Principal II $195 Associate Principal I $175 Senior Associate/Senior Scientist $165 Associate/Scientist $145 Project Planner/Project Scientist $115 Planner/ Assistant Scientist $105 Graphics Specialist $90 Clerical/Word Processing $80 Intern $70 Subconsultants are billed at cost plus 10%. Mileage reimbursement rate Is the standard IRS-approved rate. April18, 2016 I 24 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification 1 Name (as shown on your income tax retum). Name is required on this line; do not leave this line blank. PlaceWorks, Inc. N 2 Business name/disregarded entity name , if different from above Give Form to the requester. Do not send to the IRS. a> PlaceWorks ~r-----------------------------------------------------------------------------------r--------------------------0. c 0 3 Check appropriate box for federal tax classification; check only one of the following seven boxes : D Individual/sole proprietor or D C Corporation [{] S Corporation D Partnership D Trust/estate 4 Exemptions (codes apply on ly to certain entities , not individuals; see instructions on page 3): Ql (/) c.5 ~:;::; sing le-member LLC D Limited liability company. Enter the tax classification (C=C corporation, S=S corporation , P=partnership) ~ Exempt payee code (if any) _____ __ ... (.) 0 2 :5~ a:-;; Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the lin_e_a_b-ov_e_f-or the tax classification of the single-member owner. Exemption from FATCA reporting code (if any) 1;::: -~ c. D Other (see instructions) ~ 5 Address (number, street , and apt. or suite no.) 3 MacArthur Place, Suite 1100 ~ r6~C~it~y-,s~t~at~e-,a-n-d~z=IP~co-d7e------------------------------------------------~ 3l w Santa Ana, Ca 92707 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) (Applies to accounts maintained outside the U.S.) Requester's name and address (optional) I Social security number I Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, th1s IS generally your social security number (SSN). However, for a resident alien , sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities , it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. ITIJ -OJ -I I I I I or Note. If the account is in more than one name , see the instructions for line 1 and the chart on page 4 for gu idel ines on whose number to enter. Certification Under penalties of perjury , I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S . citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply . For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3 . Sign Signature of Here u.s. person ~ Date~ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9 . Purpose of Form An individual or entity (Form W-9 requester) who is requ ired to file an information retum with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (A TIN), or employer identification number (EIN), to report on an information return the amount paid to you , or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following : • Form 1099-INT (interest earned or paid) • Form 1 099-DIV (dividends , including those from stocks or mutual funds) • Form 1 099-M ISC (various types of income, prizes , awards, or gross proceeds) • Form 1 099-B (stoc k or mutual fund sa les and certain other transactions by brokers) • Form 1 099-S (proceeds from rea l est ate transactions) • Form 1 099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1 099-C (canceled debt) • Form 1 099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S . person (including a resident alien), to provide your correct TIN . If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled-out form , you : 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S . exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners ' share of effectively connected income, and 4. Certify that FATCA code'(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting , is correct. See What is FATCA reporting? on page 2 for further information . Cat. No. 10231 X Form W-9 (Rev. 12-2014) ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Risk & insurance Services NAME: wgNrJn. Erl\• I FAX 17901 Von Karman Avenue, Suite 1100 (Ale Nol: (949) 399-5800; License #0437153 E-MAIL ADDRESS: irvine, CA 92614 INSURER(S) AFFORDING COVERAGE NAIC# 980627-01-01-15-16 INSURER A : Crum & Forster Specialty insurance Co 44520 INSURED Piaceworl<s INSURER B : Travelers Property Casualty Company Of America 25674 Dba: The Planning Center INSURERC: Design Community & Enviomment INSURERD: 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· LOS-001721169-09 REVISION NUMBER·2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. 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INSR TYPE OF INSURANCE ~~~~~ ~:; POLICY NUMBER ~~~Jrl%~ lt~~l-6%~ LIMITS LTR A X COMMERCIAL GENERAL LIABILITY X X EPK-109158 07/01/2015 07/01/2016 EACH OCCURRENCE $ 5,000,000 -tJ CLAIMS-MADE ~ OCCUR ~~~~~~JYE~~~~encel -$ 50,000 X Bl & PD Ded. $5,000 MED EXP (Any one person) $ 5,000 - PERSONAL & ADV INJURY $ 5,000,000 - 5,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~·POLICY D ~G-8-r D LOG PRODUCTS -COMP/OP AGG $ 5,000,000 OTHER: Contractors Pollution $ 5,000,000 B AUTOMOBILE LIABILITY X BA7E37616715CAG 07/01/2015 07/01/2016 J1~~~~~~~tfiNGLE LIMIT $ 1,000,000 --:-:- X ANYAUTO BODILY INJURY (Per person) $ -ALLOWNED ,.....-SCHEDULED BODILY INJURY (Per accident) $ -AUTOS 1-AUTOS NON-OWNED ~p~?~.i~d~gAMAGE $ -HIRED AUTOS 1-AUTOS $ B UMBRELLA LIAB ~OCCUR EX-7E376167-TIL-15 07/01/2015 07/01/2016 EACH OCCURRENCE $ 4,000,000 x EXCESS LIAB CLAIMS-MADE AGGREGATE $ 4,000,000 OED I I RETENTION$ $ B WORKERS COMPENSATION UB-7E37616-7-15 07/01/2015 07/01/2016 X I ~ffTUTE I I OTH-ER AND EMPLOYERS' LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [!] E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $ 1,000,000 A Errors & Omissions-Claims Made EPK-109158 07/01/2015 07/01/2016 Each Claim/Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City, Its officers, employees, agents, and volunteers are included as additional insured where required by written contract with respectto General and Auto Liability. This insurance is primary and non- contributory over any existing insurance and limited to liabilitY arising out of the operations of the named insured and where required by written contract with respect to General Liability. Waiver of subrogation is applicable where required by written contract with respect to General Liability. CERTIFICATE HOLDER CANCELLATION City of San Juan capistrano SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 32400 Paseo Adelanto THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Juan Gapistrano, CA 92675 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk & Insurance Services I John Graef ~-~ © 1988-2014 ACORD CORPORATION. All nghts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: BA-7E376167-15-CAG COMMERCIAL AUro THIS ENDORSEMENT CHANGES THE POLICY~ J:lLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the foltowlng: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fled by the endorsement. GENERAL DESCRIPTION OF COVERAGE~ Thls endorsement broadens coverage. However, coverage for any lnjury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage ls excluded or limited by such an endorsement. The following listing Is a gener~ cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights 1 duUes, and what !sand Is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE -LOSS B. BLANKET ADDITIONAL INSURED c. EMPLOYEE HIRED AUTO D. eMPLOYEES AS INSURED E. SUPPLEMENTA~ PAYMENTS -INCREASED LIMITS F. HIRED AUTO -UMITED WORLDWIDE COVERAGE-INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE-GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1.t Who Is An Insured, of SECTION Jl -LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately Insured for Business Auto Coverage. Coverage under this provision Ts afforded only un· tl! the 18oth day after you acquire or form the or· ganizatlon or the ~:md of the policy period, which· ever rs earlier. B. BLANKET ADDITIONAL INSUReD The following Is added to Paragraph c. In A:l., Who Is An Insured, of SECTION Jl-LIABJUTY COVERAGE: Any person or organization who Is required under a written contract or agreement between you and that person or organl~tlon, that Is signed and OF USE-INCREASED LIMIT 1. PHYSICAL DAMAGE-TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL EFFECTS K. AlRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKETWAIVEROFSUBROGATION N. UNlNTENTlONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and thal Is ln effect durlng the policy period, to be named as an addl:- tlonal Insured fs an "Insured" for Uabllity Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization qualifies as an '1nsured" under the Who Is An Insured provision contained in Section n. c. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -LI- ABILITY COVERAGE: kl "employee" of yours Is an "Insured" while operating an "autat' hired or rented under a contract or agreement tn that "employee1s11 name, with your permission, while performing duties related to the conduct of your bust- ness. CA 13530212 o 201 a The Travelers Indemnity company Page 1 of4 Includes copyttghted material of lllSUi'ance Servloes Office, Inc. With Its permlsslon. COMMERCIAL AUTO 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV -BUSt- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hlre, rent or borrow; and (2) Any covered "auto'' hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perfori'TI"' ing duties related to the conduct of your business. However, any "autou that Is leased, hlred, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The rollowtng Is added to Paragraph A.1., Who ls An Insured, of SECTION II -LIABILITY COV~ ERAGE: Any "employee" of yours Is an "insured" while us- ing a covered "auto" you don1 own, hire or borrow ln your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION It-LIABILITY COVERAGE: (2) Up to $3,000 for cost of ball bonds (In- cluding bonds for related traffic law viola- tions) required because of an "accidenr, we cover. We do not have to fumlsh these bonds. 2. The following replaces Paragraph A.~.a.(4), of SECTION ll -LIABILITY COVERAGE: (4) All reasonable expenses incurred by the 11lnsured" at our request, including actual loss of eamlngs up to $500 a day be-. cause of time off from work. F. HIRED AUTO-LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph {6) in Para- graph B.7., Policy Periodt Coverage Territory, of SECTION IV ~ BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or Jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a pertod of 30 days or less and that Is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners {if you are a partnership}, members (if you are a limited liability company} or members of their house- holds, (a) With respect to any claim made or "sulf' brought outside the United States of America, the terrltorlea and possessions of the Unlted State! of America, Puerto Rlco and Canada: (I) You must arrange to defend the "in~ sured" against, and investigate or set- tle any such claim or "suie and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii} We may, at our discretion, participate in defending the "Insured" against, or in ihe settlement of, any claim or "suit". (iv) We will reimburse the "insuredn for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage11 to which this insurance applies, that the "ln~ sured" pays with our consent. but only up to the llmtt described in Para- graph C., limit Of Insurance, of SEC- TION II -LIABILITY COVERAGE. (v) We will reimburse the 11 insured" for the reasonable expenses incurred with our consent for your Investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and Included within the limlt descrtbed in Para- graph c., Umlt Of Insurance, of SECTION II -LIAEI1LITY COVER- AGE, and not In additlon to $Uch limit. Our duty to make such payments ends when we have used up the ap~ pllcable limit of insurance in pay- ments for damages, settlements or defense expanses. (b) Thl$ Insurance Is excess over any valid and collectible other Insurance available Page2 of4 «:12010 The Travelers Indemnity Ccimp;my CA T353 0212 Includes copyrighted material of Insurance Services Office, Inc. with its permission. r to the 11 insured" whether primary, excess contingent or on any other basis. (c) This lliSurance ls not a substitute for re- quired or compulsory lnsurance in any country outside the United States, its terw rltcrles and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by focal law. Your failure to comply with compulsory insurance requirements will not lnvaHdate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements, (d) It Is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto R.lco and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE-GLASS The following is added to Paragraph D., Oe- ductlble, of SECTION Ill-PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if 1he glass Is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE-LOSS OF USE -INCREASED LIMIT The following replaces the la$t sentence of Para- graph A.4.b., Loss Of Use Expenses, of sec .. TION Ill -PHYSICAL DAMAGE COVeRAGe: However, the most we will pay for any expenses for Joss of use is $65 per day, to a maximum of $750 for any one "accident". l. PHYSfCAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMlT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVERA- GE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total iheft of a cov~ ered "auto" ofthe private passengeriype. COMMERCIAL AUTO J. PERSONAL EfrECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 111 -PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) OWned by an "lns1.1red"; and (2) In or on your covered "auto". This coverage applies only In the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following I$ added to Paragraph 8.3., Exclu- sions, of SECTlON Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that ln~ flate due to a cause other than a cause of 11loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. lf that "auto" is a covered "auto" for Compre- henstve Coverage under this polfcy; b. The airbags are not covered under any war- ranty; and c, The alrbags were not intentionally lnflated. We will pay up to a maximum of $1,000 for any one 11loss". L, NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following Is added to Paragraph A.2.a., of SECTION 1V-BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or nfoss" ls known to: (a) You (If you are an Individual); (b) A partner (if you are a partnership); (c) A member (If you are a limited Uabillty com- pany); (d) An executive officer, dif'ector or insurance manager (if you are a corporation or other or· ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or 11losstt. CAT353 0212 © 2010 The Travelers Indemnity Company Page 3 of4 Includes copyrighted material of Insurance Services Offloo, Inc, with 1tS permission. I • ,., COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfar Of Rights Of Recovery Agafnst Others To Us, of SECTION IV -BUSINESS AUTO CONOI· iiONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex~ tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The follOWing is added to Paragraph 8.2., Con· cealment, Misrepresentation, Or r::traud, of SECTION IV-BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error ln, any information given by you shall not prejudice your rights under thls Insurance. How~ ever this provision does not affect our right to col- lect addttional premium or exercise our right of cancellation or non-renewal. Page4 of4 @ 2010 Theiravelers Indemnity Company CA T3530212 Includes copyrighted materfal of Insurance Services Offioo, Inc. with Its permission. I T ~- THlS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE ?ART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Where Required By Written Contract SECTION 111-WHO IS AN INSURED within the Common Provisions is amended to Include as an additional insured the person(s) or organlzation(s} indicated in the Schedule shown above, but only with respect to liability caused, in whole or ln part, by "your work" for that Insured which Is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Pag~1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED, WITH WAIVER OF SUBROGATION This endorsement modifies lnsurance provided under tlw following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTJON LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABIUTY COVERAGE PART SCHEDULE Name of Additional Insured Person(s} or Organization(s) Where Required by Written Contract A. SECTION Ul -WHO IS AN lNSURED wlthln the Common Provisions Is amended to Include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused In whole or in part, by "your work;> for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only In the event of a named Insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organizatlon(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118-0211 Page 1 of1 CITY OF SAN JUAN CAPISTRANO BID RECAP REPORT Date: 4/11/16 From: Mathew Evans Service or Product Requested: CEQA Consultant ( ) Informal Quotes( ) Informal Bid (X) Formal RFP ( ) Sole Source Bids/proposals were solicited from available, qualified firms for the above referenced project. The following firm(s) were/was considered: 1. Placeworks 2. LSA Associates Inc. 3. Environmental Intelligence, Inc. 4. Circlepoint This vendor was selected because: Placeworks provided a thorough proposal that identified assessments (studies) that needed to be developed in order to adequately study the proposed project. Placeworks had the best understanding of the project because they prepared the Initial Study (IS) for the original Urban Village project, and the current project, although less intense in terms of scope and size, is similar to the previously approved project. If Sole Source purchase or contract, provide detailed justification for this selection: N/A If applicable, date approved by City Council: April 19, 2016