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02-0118_KEETON KREITZER CONSULTING_Agreement AmdAMENDATORY AGREEMENT This Amendatory Agreement is made this 2)th day of January, 2002, by and between the City of San Juan Capistrano, hereinafter referred to as "CITY", and KEETON KREITZER CONSULTING (formerly Keeton Kreitzer and Associates), hereinafter referred to as "CONSULTANT". Whereas, CITY and CONSULTANT entered into an agreement dated October 17, 2000 for consultant services to manage the City's Environmental Impact Report (EIR) consultant so as to assure that all documentation prepared by that consultant is in full compliance with and implements all applicable provisions of the California Environmental Quality Act (CEQA) and the City's Environmental Review Guidelines with regard to Rezone (RZ) 00-04, Architectural Control (AC) 00-07, Home Depot (Lower Rosan Ranch) on behalf of the CITY; and Whereas, CITY and CONSULTANT entered into an amendatory agreement dated August 21, 2001 extending the term of the agreement between CITY and CONSULTANT to June 30, 2002; and Whereas, the CITY and CONSULTANT desire to amend the agreement to include the additional tasks set forth in Exhibit B, attached and incorporated by reference: and Whereas, the total compensation for the additional tasks set forth in Exhibit B of this amendatory agreement shall not exceed Six Thousand Twenty Dollars ($6,020.00); and Whereas, the total compensation for the October 17, 2000 agreement's scope of work tasks totaling Twenty Two Thousand Five Hundred Dollars ($22,500.00) and the additional tasks set forth in Exhibit B of this amendatory agreement totaling Six Thousand Twenty Dollars ($6,020.00) shall not exceed Twenty -Eight Thousand Five Hundred Twenty Dollars ($28,520.00). NOW, THEREFORE, BE IT RESOLVED between CITY and CONSULTANT as follows: Section 1. Amend Section 1 of Page 1 of the October 17, 2000 personal services agreement to read: "Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibits A and B, attached and incorporated herein by reference." Section 2, Amend Section 3 of Page 1 of the October 17, 2000 personal services agreement to read: "Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this project shall not exceed Twenty -Eight Thousand Five Hundred Twenty Dollars ($28,520.00), as set forth in Exhibits A and B, attached and incorporated herein by reference." Section 3. All other terms and conditions of said agreement shall remain in full force and effect. ATTEST: City Clerk D AS TO FORM: John R. Shaw, City Attorney CITY OF SAN JUAN,CAPISTRANO 0 , City Manager KEETON KREITZER CONSULTING Keeton K. Kreitzer, PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES PROPOSED HOME DEPOT SAN JUAN CAPISTRANO, CA SCOPE OF SERVICES WORK PROGRAM A work program has been developed to ensure that the environmental review process is carried out in accordance with the City's development review procedures as well as the California Environmental Quality Act (CEQA) and the City of San Juan Capistrano adopted CEQA procedures. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this proposal includes: (1) the provision of competent, effective CEQA project management, (2) review of the environmental impact report (EIR) prepared by The Planning Center; (3) oversight of the environmental review and public participation processes; (4) preparation of requisite public notices, agendas, and related documents; and (5) representation of the City of San Juan Capistrano staff at public meetings and hearings. These several objectives will be achieved through the completion of several work tasks. Each of these work tasks has been identified and described below. Task One - Proiect Management/Coordination Project management/coordination will be an integral part of the environmental review process. As such, KKC will oversee all of the work undertaken by The Planning Center, the consultant selected by the City to prepare the Draft FIR, and will be responsible for meeting and coordinating with representatives of the City, The Planning Center, the project applicant and/or representatives, and with affected and responsible public agencies. In summary, KKC will be responsible for undertaking the activities listed below: • Management and oversight of the CEQA process and preparation of the environmental document. • Ensure that City policies are incorporated into the Draft environmental document. • Ensure that the Draft environmental document meets the requirements of CEQA, the State CEQA Guidelines, and the City's CEQA procedures. • Coordinate and attend biweekly meetings with City staff and representatives of The Planning Center, project applicant and/or its representatives, and technical consultants as determined necessary. • Coordination and a_tendance at meetings, if determined necessary, with responsible agencies and/or other affected public agencies with jurisdiction over the project during the preparation of the Draft FIR. • Coordination and management of the City's CEQA consultant, The Planning Center, to ensure that all work undertaken to prepare the Draft FIR is proceeding in accordance wig -the schedule established for the project. EXHIBIT A Task Two - Proiect-Related Meetings A total of twenty (20) meetings can be accommodated in this work task. Of that total, it is anticipated that a total of twelve (12) bi-weekly meetings will be conducted with the EIR consultant (The Planning Center), project applicant, and City staff. In addition, this task will also accommodate one (1) scoping meeting that will be conducted during the 30 -day Notice of Preparation comment period and up to three (3) community meetings that will include adjacent property owners as well as other groups and residents during the EIR preparation process (not including public hearings which are included in Task Five). Additional meetings that are accommodated in this task include a maximum of four (4) meetings with responsible agencies, if determinated necessary. Also included in this task, the Project Manager will be responsible for spending up to ten (10) hours each month during the environmental review process in the City of San Juan Capistrano Planning Department. The hours will be determined by the City and depend on the City's desire for the Project Manager to be available to the City's staff, the EIR consultant and community in order to address issues and facilitate the preparation of the Draft EIR. The Project Manager will be responsible for maintaining all of the project -related CEQA files, both at the City and in the office of KKC. Task Three - Review of Environmental Documents KKC will be responsible for the reviewing and providing comments on all of the environmental documents prepared by The Planning Center. Specifically, KKC will review and comment on the following documents and notices: • Initial Study/Notice of Preparation • NOP Distribution List • Screencheck EIR • Preliminary Draft EIR • Notice of Completion • NOC Legal Notice • Response to Public Comments/Final EIR • Mitigation Monitoring and Reporting Program • Findings of Fact • Statement of Overriding Considerations (if required) • De Minimis Certification • Notice of Determination For each of the documents identified above, the Project Manager will thorough review and prepare comments, including those made on the document and a "formal" written summary of the comments made on the specific CEQA document. The comments will be presented to the EIR consultant within the time frame specifed in the contract for environmental services between the City of San Juan Capistrano and the Elfconsultant. fask Four - Preparation of Agenda Items and Staff Reports The Protect Manager will be responsible for preparing all of the requisite agenda items, transmittals, and/or staff reports necessary to facilitate the City's environmental review process, including those necessary for the public meetings and/or hearings (e.g., Environmental Review Committee, Transportation Commission, Planning Commission, and City Council). This task will require reviewing applicable documents, summarizing the findings of those documents as they relate to the proposed project, and preparation of meeting agendas and staff reports. Task Five - Public Meetings and Hearings The Project Manager will be responsible for attending all required public meetings and hearings (not including those identified in Task One), making presentations to the respective decision-making bodies, and responding to questions and comments related to the proposed project. This task can accommodate attendance of the Project Manager at the following meetings and hearings: (1) 2 (two) meetings at the City's Environmental Review Committee, including one (1) at which the environmental determination is made and one (1) when the Draft EIR is presented; (2) one (1) meeting before the City's Transportation Commission; (3) two (2) hearings before the City's Planning Commission; and (4) two (2) hearings before the San Juan Capistrano City Council. II. ESTIMATED BUDGET The scope of services and work described in Section I will be undertaken and completed for a not -to - exceed fee of $22,500.00. This fee includes meetings and coordination, preparation of the environmental analysis contained in the initial study, filing of necessary CEQA notices and printing, attendance at public hearings, and reproduction associated with the Initial Study/ Negative Declaration. A budget summary is presented below. Budget Summary Proposed Home Depot San Juan Capistrano, CA Task Man -Hours Billing Rate Estimated Budget Task 1 - Project ManagementlCoordination Coordination with City Staff/CEQA Consultant/Project Applicant 40 $ 90.00/Hour $ 3,600.00 Task 2 - Project -Related Meetings Meetings 48 $ 90.00/Hour $ 4,320.00 Bi -Weekly Meetings (24) ($ 2,160.00) Scoping Meeting 14) ($ 360.00) Community Me, tmgs 0 ($ 7: 0.00) Public Agency Meetings 1 2) ($ I'M 0.00) San Juan Capistrano Office Hours 40 $ 90.00/14our $ 3,600.00 Sub -Total - Task Two 88 $ 90.00/Hour $ 7,920.00 Task Man -Hours Billing Rate Estimated Budget Task 3 - Review Environmental Documents Initial Study/Notice of Preparation 4 $ 90.00/Hour $ 360.00 Screencheck EIR 40 $ 90.00/Hour $ 3,600.00 Preliminary Draft EIR/NOC 10 $ 90.00/Hour $ 900,00 Responses to Public Comments 16 $ 90.00/Hour $ 1,440.00 Mitigation Monitoring and Reporting Program 4 $ 90.00/Hour $ 360.00 Findings of Fact/Statement of Overriding Considerations 4 $ 90.00/Hour $ 360.00 4 $ 90.00/Hour $ 360.00 Sub -Total - Task Three 82 $ 90.00/Hour $ 7,380.00 Task Four - Preparation of Agenda Items and Staff Reports Prepare Agenda Items/Staff Reports 20 $ 90.00/Hour $ 1,800.00 Task Five - Public Meetings/Hearings Environmental Review Committee 2 $ 90.00/1 -lour $ 180.00 Transportation Commission 2 $ 90.00/Hour $ 180.00 Planning Commission (2) 8 $ 90.00/Hour $ 720.00 City Council (2) 8 $ 90.00/Hour $ 720.00 Sub -Total - Task Five 20 $ 90.00/Hour $ 1,800.00 TOTAL NOT -TO -EXCEED BUDGET 250 $90.00/1 -lour $22,500.00 111. BILLING AND PAYMENT All charges shall be in accordance with the Budget Summary presented in Section II of this proposal. Invoices shall be submitted on a monthly basis which clearly describe the specific services and tasks performed during the billing period. Charges will be based on a time -and -materials (T/M) basis. Each invoice is due and payable within 30 days of receipt and shall be considered delinquent on the 31s' day. IV. PROJECT MANAGEMENT AND PERSONNEL Keeton K. Kreitzer, Prinopal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of work presenteuFm this proposal for environmental consulting services. Mr. Kreitzer has over 25 years of environmental planning experience and has served as project manager for several similar projects. He has been personally responsible for the preparation of over 100 environmental documents required pursuant -to the California Environmental Quality Act and has also prepared environmental studies mandated under the National Environmental Policy Act. He has recently reestablished his own environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector clients with high level, personalized environmental consulting services, including the preparation of environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of several environmental documents, including those for the Newport Banning Ranch Local Coastal Program in the County of Orange, West Coyote Hills in the City of Fullerton, the Emery Ranch residential development plans in the Cities of La Mirada and Fullerton, and for the Central City Redevelopment Project Area in the City of Bell Gardens. V. STATEMENT OF OFFER/TERMS OF AGREEMENT KKC is prepared to begin work on this project immediately upon execution of the contract. You may be assured that should we be selected to provide the environmental services described in this proposal, we shall devote our full resources to the project and will approach it with the highest degree of enthusiasm, objectivity, and professionalism. KKC will perform all work described in this proposal for a budget of $22,500.00. This offer is valid for a period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions made on the scope of the project. Should the scope change significantly, necessitating a change to the work program, we will contact you immediately and amend both the scope of services and budget accordingly. Offer Presented By: Keeton K. Kreitzer, Principal KEETON KREITZER CONSULTI Date: August 3, 2000 If the terms and conditions of this proposal meet with your approval, please execute this letter and return the original to KKC for our files. Receipt of the executed copy of this proposal will serve as the memorandum of agreement and your authorization for us to proceed on the project as described herein. CITY OF SAN JUAN CAPISTRANO Date: EXHIBIT "B", PAYMENT FOR SERVICES Section I. Consultant Fee: The total lump sum compensation for all services performed pursuantto this agreement shall not exceed twenty-two thousand, five -hundred dollars and no cents ($22,500.00). This fee shall include all costs incurred by the CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses necessary to complete all work specified in the "Scope of Work" (Exhibit "A"). Section II. Contract Administration and Payment A. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT on a monthly basis limited to the completion of those tasks and the provision of those services detailed in the approved scope -of -work. (C:VAy DocumentstWordPerfect DocumentsWdvanw—PlanningUiz0004HomeDepotV2z0004hd-pfs.wpd) Keeton Kreitzer Consulting 17782 East 17th Street, Suite 106 Tustin, CA 92780-1947 December 6, 2001 RECEIVED DEC 112001 Mr. William A. Ramsey, Principal Planner PLANNING DEPT. Planning Services Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr. Ramsey: As I discussed with you earlier this week, the budgets for Task 1 ( Project Management/Coordination), Task 2 (Project -Related Meetings, and Task 3 (Environmental Documents) have now been exhausted as a result of the unanticipated management, need to conduct additional meetings, and review of environmental documents that exceeded my expectations for the Home Depot environmental review process. As a result, I am respectfully requesting an augmentation to supplement the budget remaining in Task 4 (Preparation of Agenda Items and Staff Reports) and Task 5 (Public Meetings and Hearings). To that end, I have summarized the additional anticipated man-hour and budget estimates that I believe will be necessary to complete the Home Depot environmental review process. Budget Augmentation Summary Proposed Home Depot San Juan Capistrano, CA - task Approved Budget Budget Amount Amount i Remaining Proposed . Matt -How Au ment Proposed -.:Budget Augment Estimated< Total -: -. Budget 1 - Project ManagementlCoordination $ 3,600.00 $ 0.00 12 $ 1,080.00 $ 4,680.00 2 - Project -Related Meetings $ 7,920.00 ($ 495.00)' 12 $ 1,080.00 $ 9,000.00 3 - Review Environmental Documents $ 7,380.00 $ 0.00 28 $ 2,520.00 $ 9,800.00 4 - Prepare Agenda Items/Staff Reports $ 1,800.00 $ 1,260.00' 8 $ 720.00 $ 2,520.00 5 - Public Meetings/Hearings $ 1,800.00 $ 1,440.00' 8 $ 720.00 $ 2,520.00 TOTALS $22,500.00 $ 2,205.00 68 $ 6,120.00 $28,520.00 1Includes amounts billed through December 7, 2001 Invoice date. 17782 East 17s' Street, Suite 106 - Tustin, CA 92780-1947- (714) "5- 609 - Fax (714) 665-8539 EXHIBIT B Mr. William A. Ramsey, Principal Planner City of San Juan Capistrano December 6, 2001 Page Two As I indicated to you, although some of the task work previously anticipated (e.g., meetings with public agencies, bi-weekly meetings, office hours were not utilized in Task 2, the remaining budget for that task was reallocated to Task 3 to cover the more extensive environmental document review that was necessary to complete that task prior to the publication of the Draft EIR. As a result of the reallocation of the Task 2 budget has now been exhausted. Please note that although there is still budget remaining in Tasks 4 and 5, it will be necessary to supplement the Task 4 fees with additional man-hours, based on the anticipated need to prepare supplemental agenda items and/or staff reports in the even hearings are continued. Should the hearings not be continued, additional staff report preparation time would not be required. I have also supplemented Task 5 with additional man-hours due to the fact that the 4 hours allocated for the Environmental Review Committee and Transportation in the original proposal have been expended. Although I did not attend the Environmental Review Committee meeting. in September due to a scheduling conflict, the allocated hours for that meeting were consumed by the lengthy Transportation Commission meeting (and pre -meeting with City staff). I am anticipating that there will be the need to meet prior to the Planning Commission and/or City Council hearings; thus, I have added some additional time for that purpose. As you can see, Task 3 requires the largest augment to the budget. The 28 hours will be allocated to the review of the Responses to Public Comments and the remaining legal documents (e.g., Findings, MMRP, NOD, etc.) that will be prepared by Planning Center. Based on my expectations, the additional budget identified in the preceding table should be adequate to complete the environmental review process for the proposed Home Depot project. Please let me know if you have any questions regarding this proposal for budget augmentation. Very sincerely, KEETON KREITZER CONSULTING Keeton K. Kreitzer Principal KKK:rj r 17782 East 17`x' Street Suite 106 - Tustin, CA 92780-1947- (714) 665-8509 - Fax (714) 665-8539