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1998-0824_CULBERTSON, ADAMS, & ASSOCIATES_ProposalCULBERTSON, ADAms & AsSOCIATL.S PLANNING CONSULTANTS August 24, 1998 Ms. Amy Amirani Mr. Bob Clark Capistrano Valley Water District 32400 Paseo Adelanto San Jean Capistrano, CA 92675 RE: Preparation of Environmental Documentation in Support of ars Application to Appropriate Water by Permit Dear Ms. Arnirani and Mr. Clark. We appreciate the opportunity to submit this revised proposal to the District. Based on our recent meeting and a discussion I have had with Michelle Staples, Esq., the District needs environmental compliance consistent with CEQA and the District's environmental guidelines to evaluate the potential impacts associated with the construction of the above project. In addition, it is my understanding the District also needs the permits required from the California Department of Fish and Game, U. S. Army Corps of Engineers, U. S. Fish and Wildlife Service and San Diego Regional Water Quality Control Board to allow construction of the proposed facilities. Based on our experience preparing .a Mitigated Negative Declaration ("NIND") for the San Juan Basin Authority (SJBA) for a lesser included project, we propose the following scope of work. SCOPE OF ANO• 1. Finding of Previous Environmental Documentation A. Pre oration of the Ex ended initial Studv andFinding The first step will be to prepare a detailed project description identifying all aspects of the project. This will be done in coordination worth the District, and will draw frons existing published material_ The District will provide copies of the maps and/or plaits necessary to adequately identify the proposed facilities. 85 Argonaut, Suite 224, Aliso Vi�io, Califoinia 92656-4105 • (949) 551-2888 > Fax (949) 581-3599 EXHIBIT "A" - .6�� . V 1 V . O'* i"A4 f A 1 V OIOOV.i llULiii:lSii'.JIW ojlyAn:)f�lg UU.j Ms, Amy Atnirani Mr. Bob dark August 24, 1995 Page 2 The project description will then be referenced to prepare an Expanded Initial Study (IS) to document the finding of"Previous MND". Although biological surveys have already been conducted by PSIBS in connection with the SJBA project, resource agencies may recommend further studies. If the resource agencies require new studies, "protocol" surveys must be provided at additional cost. Once the Expanded Initial Study and finding are completed, we will submit three (3) screencheck copies to you for review and comment. We will incorporate any comments you have into the documents and make the document ready for printing. Estimated Fee .......................................... $3,800.00 B. Consultation A technique we have found very successful for avoiding controversy, expense and delay is consultation_ Consultation involves meetings with the affected regullatory agencies (and possibly potential project opponents) to explain the project, ascertain their concerns, and determine if are project modifications or mitigation measures which will satisfy those concerns. These measures are then included in the \MND before it is distributed for public review. It was precisely this strategy which caused DFG support of the SJBA MND and withdrawal of their protest. This element of the project is regarded as a significant one in this case not only because of the nature of the project, but also because applicable regulations have changed since time SJBA MNL . For example, the circumstances under which the A=y Corps of Engineers may issue authorization under Nationwide Pennit 26 (;'+1WP 2E) have changed dramatically, and now at some point involves EPA, Additionally, time Regional Water Quality Control Board of the San Diego region possesses extensive authority through the 401 certification process. Although we do not have your precise plans at this time, the District should exercise care to avoid controversies with these agencies if possible. Estimated Fee ........................................... $4,200.00 -.,, OU iv.00 rnA ,It-* 0010OUZI AVAA:� Q UU4 Ms, Away Amirani Mr, Bob Clark August 24, 1998 Page 3 C. Printing the Mitigated Negative Declaration For the purposes of this proposal, we will print fifteen (15) copies of the M -D for mailing to public agencies and use by the District. Additional copies will he killed at cost, Estimated Fee ............................................. S350.00 D. Mailing the Mitigated Ne ative Declaration We will prepare a list of all agencies and individuals that will receive a copy of the Mitigated Negative ,Declaration for compliance with CEQA. The list will basically consist of those public agencies contacted for the nondomestic and domestic water lines project. A copy of the NLND will be certified mailed to each agency and/or individual on the contact list for a 20 -day public review period. For the purposes of this proposal, ten (10) copies of the MNO will be mailed to responsible and reviewing agencies.. We will also prepare a notice of the District's intent to adopt a MIND and enclose a copy with each document that is mailed to the responsible and reviewing agencies. We will also prepare a notice for the District to publish in the newspaper of the District's intent to adopt a Mitigated Negative Declaration for the project. Estimated Fee.............................................$250.00 E. Response #o Comme:its Although not required by CEQA for adopting the IMND, it may be prudent to prepare written responses to any comments received dining the 20 -day public review period. Following the same format with the previous projects, if significant comments are received, we will respond to those comments in writing prior to the District adopting the finding. After responding to comments we will submit three (3) copies to you for review and comment. Your comments will be incorporated into the documents and we will Ms. Amy Amirani Mr. Bob Clark August 24, 1998 Page 4 provide ten (10) copies of the final document that will be submitted to the Board for adoption. In addition, we will mail a copy of the response to each agency that submitted comments at least ten days prior to the District adopting the finding. Estimated Fee ............................................ $800.00 F. Preparation of the Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program (Ii/DrW) was prepared for the S3BA project. For the purpose of this proposal we assume those measures are adequate. Estimated Fee ..............................Included in Compo neW A G. Attendance at Meetings and Board Hearings We will attend three (3) meetings with District staff during preparation of the document and one (1) Board hearing in support of the finding. Attendance at additional meetings/ hearings will be billed at the standard billing rates. Estimated Fee ............................................. $300.00 ... ............ R. Filin2 the Notice of Determination Once the finding is adopted by the District we will file a Notice of Determination (NOD)with the County Clerk as required by CEQA. We will prepare a NOIR for the District's signature and file the NOD the day after the finding is made. In conjunction with filing the NOD a Fish and Game fee may also have to be paid to Ms. Amy Amirani Mr. Bob Clark August 24, 1995 Page 5 the County Clerk. The District will be responsible for any fees. We will forward the NOD filing fee receipt for your records. Estimated Fee ............................................. $200-00 S[JMTOTAL OF ESTL1lATE $9,900.00 Reimbursable expenses such as reproduction, word processing, postage and delivery are billed at cost plus a 10% management fee and are in addition to the estimated fee. Application fees are the responsibility of the Capistrano Valley Water District and are in addition to the fee estimate herein. 2. Needed Information We will need the following information in order to begin preparation of the initial Study and Mitigated Negative Declaration: a. Proposed location of wells. b. Plan showing connecting pipelines; if any. c. Plan showing the location of any proposed additional facilities. d. Calculation of groundwater impact. 3. Payment: We will submit monthly invoices for work completed the prior 30 days. 4. Schedule We can begin work on the project upon authorization from the District. Once authorized we will begin the biological surveys. A screencheck copy of the Expanded Initial Study can be submitted to the District approximately three weeks after completion of the biological surveys. We estimate the Expanded Initial Study and fading will be ready for approval by the District in approximately 45 days. k1u,L r( U Lv'J� i'.!']A e,y� 41-1— Ms, i N Ms. Amy Amirani Mr. Bots Clark August 24, 1998 Page 6 Limitations The proposal is based on the time parameters and estimated fees set forth herein, and the narrative outlining the scope of work, Changes in the schedule or scope of work assumptions may result in costs beyond those currently anticipated. Major changes include, but are not limited to: I . Changes in the project by the Client which cause revisions of printed documentation or plans beyond these covered by the scope of work. Changes in the project by the City, State, or other approving body, accepted by the Client, which cause revisions of printed documentation or plans beyond those covered by the scope of work. Changes in the schedule by the Client, City, State, or other approving body, beyond the parameters set forth in this proposal. 4. Expansion of the project area under study by the Client, City, State, or other approving body. Additional planning entitlements, permits or processing requested by the Client. 6. Appeal of project deterrninations (e.g. project approval or denial) by the Client, City, State, or other approving body, or other person, group or organization. If one or more of the above 'incidents occurs, CAA shall be entitled to request a contract amendment. This proposal shalt be considered valid for a commence -work date rip to 45 hays from the date of this letter and is valid for a project completion date up to six months from the date of this letter. Project completion is evidenced by completion of the document review period and transmittal of Response to Comments to client. Lengthier review periods by the Client, City, State, or other approving body, or delays for redesign or negotiation entitle our first to re-examine the contract to determine if the costs incurred with the delays can be accommodated in the fee. 7f any of the changes described herein occur, CAA, shall inform the Client in writing of the status of the proposal. Ms. Amy Amirani Mr, Bob Clank August 24, 1999 Page 7 If you have any questions about the proposed scope of work andlor costs, please call me. The executed original of this revised proposal may serve as our Memorandum of Understanding and Authorization to Proceed. Please execute the original at the bottom of this page and return it to us for our files, retaining a copy for your files, We look forward to working with you on another project. Sincerely, Culbertson, Adams & Associates, Inc. M. Andriette Culbertson President MAC/Ildfdb o85�-i2aq.Rev) Enclosure: Schedule of Fees CCNCURREINCEIAUTHORR.IZATIO TO PROCEED: DATE: NAME: SIGNATURE: ®RCA-NqZATION: PLACE OF EXECUTION: CULBER SCAN, ADAms aft ASSOCIA` ES PLANNING CONSULTANTS GENERAL PROVISIONS AND SCHEDULE OF FEES FOR PROFESSIONAL SERWCES Standard Billing Rates Effective January 1, 1998 Billing rates are subject to revision effective January Y of each year Classification Partner Firm Principal Principal Planner Senior Planner Engineering Coordinator Project Manager Associate Planner Assistant Planner Graphics Technician Clerical GENERAL, CONDITION 116 $ 190.00 1.50.00 135.00 100.00 80.00 75.00 1"10.00 45.00 40.00 35.00 1. Reimbursable expenses (travel accommodations including rental vehicles and regularly scheduled commercial airline flights, food and lodging, blueprinting and reproduction, delivery/courier, supplies, extensive mailing postage, etc.) are billed at cost plus 10%. 2. Automobile mileage outside Orange County will be billed at $0.31 per mile. 3. Hourly rates apply to work time as well as travel time and waiting time which occur at public hearings, depositions or court testimony, 4, Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable within thirty (30) days of the statement date. Any statement unpaid after thirty (30) days shall be subject to a monthly charge of 10% on arnounts thirty (30) days past due, 1f Client fails to pay consultant within sixty (60) days after invoice is rendered, client agrees consultant shall have the right to consider such default in payment a material breach of their entire agreement, and, upon written notice, the duties, obligations, and respoiasibilities of consultant under this agreement are suspended. 5. Client hereby agrees that the balance in a billing statement is correct and binding unless the client notifies the consultant in writing within thirty (30) days of the date of billing and informs consultant of alleged incorrect item. (Continued next page) 85 Argonaut, Suite 220, Aliso Viejo, Calilornin 92556-41135 9 ;9495 581-2883 • Fax (94!?) 581-359, Jt#:24/4J?3 IU',bM MA f14 0231-30UU UULnnK1JV.1N AVAM3 WJUly GENERAL PROVISIONS AND SCHEDULE OF FEES FOR PROFESSIONAL SERVICES (Continued) d. Consultant makes no warranty as to his findings, except that the work is performed using generally accepted methods. 7. Consultant makes no warranty that the project w411 be approved by any governmental agency, nor endorsed by any citizens group. 8. The client agrees to limit the consultant's liability to the client, because of professional negligent acts, errors, or omissions by the consultant, to the consultant's fee. 9. in the event either party commences legal action to enfo;-ce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. 10. In the event of a raid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a task was completed early, in which case it will be billed as if the task were complete.