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01-1025_KEETON KREITZER CONSULTING_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ajty of October, 2001, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Keeton Kreitzer Consulting (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare a Draft (Focused) Environmental Impact Report for Architectural Control (AC) 00-08 - Serra Plaza ; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 31, 2002. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed nineteen thousand five hundred thirty dollars ($19,530), as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to C:\MyFiles\KKC-0042.SERRAPLAZA\Contract\Ac0008sp-psa.wpd -1- 10/11/01 perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this C: \MyFiles\KKC-0042. S ERRAPLAZA\Co ntra ct W c0008sp-psa.wpd -2- 10/11/01 Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. C:\MyFiles\KKC-0042.SERRAPLA7A\Contract\Ac0008sp-psa.wpd -3- 10/11/01 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. C:\MyF!Ies\KKC-0042. S ERRAPLAZA\Contra ct\Ac0008sp-psa.wpd -4- 10111101 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that C:\MyFiles\KKC-0042.SERRAPLAZA\Contract\Ac0008sp-psa.wpd -5- 10/11/01 ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Director of Administrative Services To Consultant: Keeton Kreitzer Consulting 17782 East 17th Street, Suite 106 Tustin, CA 92780 C:\MyFiles\KKC-0042.SERRAPLAZA\Contract\Ac0008sp-psa.wpd -6- 10/11/01 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: R. Monahan, City Clerk APPROVED AS TO FORM: John R. , City Attorney CITY OF�SAM JUAN CAPISTRANO CONSUL M C:\MyFiles\KKC-0042.SERRAPLAZA\ContractWC0008sp-psa.wpd -7' 1117A 111 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA PROPOSAL FOR THE PREPARATION OF A DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT PROPOSED ARCHITECTURAL CONTROL (AC) 00-08 - SERRA PLAZA SAN JUAN CAPISTRANO, CA SCOPE OF SERVICES The scope of services for the Draft (Focused) Environmental Impact Report (Draft EIR) comprises several discrete steps that implement both the State and City of San Juan Capistrano California Environmental Quality Act (CEQA) Guidelines. The major objective to be achieved is the certification of the Draft EIR that will require the implementation of several tasks to be undertaken, including but not limited to the following: (1) project management and coordination; (2) preparation of the requisite environmental documents, including but not limited to the Draft Focused EIR; (3) Draft EIR processing and public participation; (4) preparation of the Final EIR; and (5) preparation of the legal documents that support the Final EIR, including the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Consideration, if necessary. Each work task to be undertaken by Keeton Kreitzer Consulting (KKC) is identified and described below. Task One - Proiect Manaaement Project management will be an integral part of the planning process. As a result, this task will involve management and coordination of all work to be undertaken to prepare the Draft EIR. In order to ensure that work associated with the preparation of the Draft EIR is progressing in accordance with the schedule, meetings as determined necessary will be conducted that include representatives of the EIR consultant, project applicant, City of San Juan Capistrano, and/or other agencies having an interest in the proposed project. Specifically, this task will accommodate up to three (3) such meetings. In summary, this task will include • Management and supervision of the EIR preparation and CEQA environmental review process; • Coordination of the proposed project and environmental document with the City of San Juan Capistrano to ensure that City policy is incorporated into the Draft EIR; • Consultation with the City of San Juan Capistrano and other responsible agencies as determined necessary; and • Attendance at up to three (3) meetings as identified above Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA Estimated Time Frame: As Required Estimated Budget: $2,880.00 Task Two - Supplement Initial Study/Prepare and Distribute NOP KKC will conduct additional research and analysis for the purpose of supplementing the information presented in the initial study prepared by the City of San Juan Capistrano. The additional research and analysis will provide additional support for the conclusions that will be reflected in the initial study that recommend the preparation of a Focused EIR. Estimated Time Frame: 1 Week Estimated Budget: $1,200.00 Task Three - Cultural/Scientific Resources Documentation In order to address the potential impacts to cultural/scientific resources, it will be necessary to undertake records surveys through the regional "clearinghouses." Queries will be forwarded to the institutions identified below, which will conduct the records surveys for cultural and scientific resources. It is important to note that this task will not include a field survey. Cultural Resources Records Survey South Central Coast Information Center Scientific Resources Records Survey Los Angeles County Museum of Man The information derived from these records surveys will be summarized and incorporated into the Draft Focused EIR and included in that document in the technical appendix. Estimated Time Frame: 2 Weeks Estimated Budget: $1,000.00 Task Four - Screencheck (Focused) Project EIR The most significant task to be undertaken as part of the proposed work program is that of preparing the Draft EIR. A Screencheck EIR will be the precursor to the Draft document and will be submitted to the City for review and comment prior to the preparation of the Draft EIR. This work effort will encompass both primary and secondary research to establish the ambient environmental conditions, understand in detail the environmental impacts associated with the proposed project, evaluate proposed mitigation measures and/or recommend additional mitigation measures to eliminate or reduce environmental impacts to an acceptable level. As indicated above, the City of San Juan Capistrano has completed a comprehensive initial study, concluding that several project -related impacts would be "less than significant" if the proposed Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA project is implemented. Based on that analysis, and the supplemental analysis conducted in Task Two, a 'focused" EIR will be prepared to evaluate the impacts identified in the initial study as ..potentially significant." To that end, a table of contents has been developed that identifies the issues to be analyzed in the Draft (Focused) EIR as well as the mandated topical issues required in an EIR. Draft (Focused)EIR Table of Contents Proposed Architectural Review (AC 00-08) - Serra Plaza San Juan Capistrano, CA CHAPTER 1.0 - EXECUTIVE SUMMARY 1.1 Description of the Proposed Project 1.1.1 Project Location 1.1.2 Project Description 1.1.3 Project Phasing 1.1.4 Project Objectives 1.2 Alternatives 1.2.1 Summary of Alternatives 1.2.2 Environmental Superior Alternative 1.3 Areas of Controversy 1.4 Issues to be Resolved 1.5 Impact Summary Table CHAPTER 2.0 - INTRODUCTION 2.1 Purpose of the Draft EIR 2.1.1 Authority 2.1.2 Incorporation by Reference 2.1.3 Intended Uses of the Draft EIR 2.1.4 Related Approvals 2.1.5 Agencies Having Jurisdiction 2.1.6 Availability of the Draft EIR Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA 2.2 Methodology 2.2.1 Existing Environmental Setting 2.2.2 Significance Criteria 2.2.3 Environmental Impact Analysis 2.2.4 Mitigation Measures 2.2.5 Level of Significance After Mitigation CHAPTER 3.0 - PROJECT DESCRIPTION 3.1 Project Location 3.2 Definition of the Project Site 3.3 Environmental Setting 3.4 History and Evolution of the Proposed Project 3.5 Project Description 3.6 Project Phasing 3.7 Project Objectives CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS 4.1 Traffic and Circulation' 4.2 Cultural/Scientific Resources CHAPTER 5.0 - CUMULATIVE IMPACTS 5.1 Description of Cumulative Projects 5.2 Cumulative Impacts Analysis CHAPTER 6.0 - ALTERNATIVES TO THE PROPOSED PROJECT 6.1 Introduction 6.1.1 Purpose and Scope 6.1.2 Criteria of Alternatives 6.1.3 Identification of Alternatives Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 4 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA 6.2 Analysis of Alternatives 6.2.1 No Project Alternative (General Plan Land Use) 6.2.2 Alternative Location(s) 6.2.3 Lower Intensity Professional Office 6.3 Summary of Alternatives 6.4 Identification of Environmentally Superior Alternative CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED CHAPTER 8.0 - GROWTH -INDUCING IMPACTS CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED CHAPTER 12.0 - BIBLIOGRAPHY TECHNICAL APPENDIX A. Notice of Preparation/Initial Study B. NOP Correspondence C. Traffic Analysis D. Records Searches for Cultural/Scientific Resources A summary of the information and analyses to be included in each of the sections identified in the preceding table of contents is presented below. 1.0 Executive Summary A summary of the project location, description and objectives will be presented in this section as well as a summary of the potential impacts, mitigation measures, and unavoidable environmental consequences, presented in a matrix format. This section will also include a brief description of each alternative, a list of potential areas of controversy, and issues to be resolved as required by the State CEQA Guidelines. Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPI STRANO, CA 2.0 Introduction This introductory section will identify the purpose and scope of the Draft EIR, the contents of the document, the authority by which it has been required, the agencies having jurisdiction over the project, and the intended uses of the document. 3.0 Project Description A complete description of the project, including its history and evolution, location, parameters, phasing (if available), and all actions necessary to implement the proposed project will be presented in this section. The description will include a narrative component and statistical tables as appropriate to adequately describe the nature, scope and intensity of the project. This section will also include a brief presentation of background information necessary to provide a context for the applications. 4.0 Environmental Analysis The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions on the subject property and in the environs and to identify the potential impacts or consequences that may result from implementation of the proposed project. This section will contain the environmental analysis for each issue which has been determined to be the subject of the Draft EIR. The extent of the analysis and documentation for each issue will be identified in the initial study prepared by the City of San Juan Capistrano as well as in NOP comments. In some cases, the discussion will be a summary of a technical study prepared by a member of the applicant's or EIR consultant's team. In each case, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project -related impacts, and identify/recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. It should be noted that the technical documentation prepared by/for the applicant will be utilized to the extent it is applicable to the proposed project. In order to facilitate the analysis of each issue, a standard format will be employed to analyze each issue thoroughly. This format is presented below with a brief discussion of the information included within each topic. Existing Environmental Setting This introductory section describes the existing environmental conditions related to each issue analyzed in the Draft EIR. In accordance with the State CEQA Guidelines, both the local and regional settings are discussed as they exist prior to implementation of the proposed project. This documentation will serve as the baseline upon which the project -related impacts will be evaluated. Significance Criteria Specific criteria will be identified upon which the significance of the project -related potential impacts are determined. The significance criteria which are the basis of the environmental analysis Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA contained in the Draft EIR will be derived from the significant effects presented in the State CEQA Guidelines, adopted local (i.e., City of San Juan Capistrano, County of Orange, etc.), State and/or federal policies and programs that may apply; and other commonly accepted technical and non- technical standards determined to be appropriate by the lead agency (i.e., City of San Juan Capistrano). Environmental Impact Analysis The environmental analysis for each issue which has been determined to be the subject of the Draft EIR is contained in this section of the document. The extent of the analysis and documentation for each issue will be identified in the initial study prepared by the City. In some cases, the discussion will be a summary of a technical study prepared by the applicant's or EIR consultant's project team. In each case, the technical report will be condensed to present the existing environmental conditions, provide an assessment of the potential project -related impacts, and identify/recommend appropriate mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than significant level, if feasible. All project - related impacts, including those associated with all phases of the proposed project (e.g., construction, operation, etc.), will be clearly and adequately analyzed in accordance with the State CEQA Guidelines. It should be noted that any previous land use studies and/or other technical documentation prepared by/for the applicant and/or City of San Juan Capistrano will be utilized to the extent it is applicable to the proposed project. In order to facilitate the impact analysis, the following outline will be utilized. Potential Effects of the Project Found to be Insignificant Short-Term/Construction Impacts Long-Term/Operational Impacts Potential Effects of the Project Found to be Significant Short-Term/Construction Impacts Long-Term/Operational Impacts Mitigation Measures Where a potential significant environmental effect cannot be avoided or reduced to an insignificant level, mitigation measures will be identified and included in this section of the document which "... minimize significant adverse impacts ... for each significant environmental effect identified in the EIR", as prescribed in the State CEQA Guidelines. Level of Significance after Mitigation Unavoidable significant adverse impacts are those effects that either cannot be mitigated or they remain significant even after mitigation is incorporated into the proposed project. These significant effects will be identified in this section of the Draft EIR. Prior to approval of the proposed project, Proposal for Consulting Services Serra Plaza - Architectural Control 00-06 October 4, 2001 7 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA the San Juan Capistrano City Council will be required to adopt a Statement of Overriding Considerations that identifies and describes the public benefit(s) associated with project implementation that offset the significant impacts. 5.0 Cumulative Impacts This section of the Draft EIR will focus on other projects that are proposed or approved in the project environs that would create demands on servicing agencies and affect the ability of those agencies to continue to provide an adequate level of service. The City of San Juan Capistrano will identify any projects that have been proposed or are approved in the vicinity of the proposed project within its jurisdiction. In addition, the environmental consultant will query adjacent municipalities in an effort to identify additional projects in the vicinity of the proposed project. These other projects will be evaluated with the proposed project to determine project -related cumulative impacts. This section of the Draft EIR will also provide a discussion of these cumulative projects and their potential impacts on the several issues analyzed in Chapter 4.0 of the document. .0 Alternatives to the Proposed Project Chapter 6.9 will provide a qualitative impact analysis of the alternatives identified in consultation with and approved by the City of San Juan Capistrano. Several potential alternatives have been identified in the proposed Table of Contents presented above. The type and number of alternatives to be analyzed in this Chapter of the Draft EIR will be determined through discussions with the City of San Juan Capistrano staff. 7.0 Significant Irretrievable Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented Those impacts which cannot be avoided, even with the implementation of mitigation measures, will be identified and summarized from the discussions contained in Chapter 4.0. 8.0 Growth -Inducing Impacts The manner in which the project could foster economic and/or population growth, either directly or indirectly, in the surrounding area will be thoroughly discussed. The characteristics of the project which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively, will also be discussed in this chapter. 9.0 Inventory of Mitigation Measures This chapter of the document will include a comprehensive listing of the mitigation measures that will be required as a result of project implementation. This listing of mitigation measures will be used to create the mitigation monitoring and reporting program which will stipulate the timing and responsibility for each mitigation measure. Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 W PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA 10.0 Inventory of Unavoidable Significant Adverse Impacts A comprehensive listing of the potential unavoidable adverse impacts (i.e., those that cannot be mitigated to a less than significant level) that are anticipated as a result of project implementation. In addition, cumulative impacts that are significant and unavoidable will also be identified and listed. 11.0 Organizations and Persons Consulted A comprehensive listing of each individual and associated will be included in this Chapter of information utilized in the environmental analysis 12.0 Bibliography the organization with which the individual is the Draft EIR to document the source of the Each document used as a reference or source of information will also be identified and presented in the Bibliography which will serve as a reference to those reviewing the Draft EIR. Pursuant to current CEQA requirements, the location(s) where each of the bibliographic references are maintained will be identified in this chapter to facilitate the review should the reference materials be needed. Upon completion of the Screencheck EIR, the EIR consultant will print five (5) copies of the document and submit them to the City's Planning Department for review and comment. Estimated Time Frame: 6 Weeks Estimated Budget: $4,500.00 Task Five - Draft EIR All comments on the information and analysis contained in the Screencheck EIR made by City staff during their review will be forwarded to the EIR consultant for incorporation into the Draft EIR. It is anticipated that the City's review will be completed within a two-week period. The City will review the document to ensure that the information contained within it is adequate and complete before the Draft EIR is printed and distributed. A total of 50 copies of the Draft EIR will be printed once it is approved by the Planning Department staff of the City of San Juan Capistrano. Once released by City staff, the environmental consultant will distribute the Draft EIR with the Notice of Completion (NOC) for public review and comment. The document will be mailed via certified mail (return receipt) to the entities identified on the master distribution list that also received the NOP. Estimated Time Frame: 3 Weeks Estimated Budget: $1,500.00 Proposal for Consulting Services Sema Plaza - Architectural Control 00-08 October 4, 2001 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA Task Six - Response to Public Comments At the end of the State -mandated 45 -day public review period, all comments received by the City from local, State and other responsible agencies and interested parties will be forwarded to the EIR consultant. Each comment will be addressed as it relates to the adequacy of the Draft EIR. An appendix will be prepared that includes a listing of each agency/individual commenting on the Draft EIR, the correspondence received from the commentator, and the responses prepared for each comment. A total of 50 copies of the responses to public comments appendix will be submitted to the City of San Juan Capistrano Planning Department. Estimated Time Frame: 2 Weeks Estimated Budget: $900.00 Task Seven - Final EIR Once the Draft EIR is certified, the Final EIR will be prepared. That document will consist of the response to comments appendix and all necessary testimony and minutes of the public hearings. A total of (25) copies of the Final EIR will be printed and submitted to the San Juan Capistrano Planning Department. Estimated Time Frame: 2 Weeks Estimated Budget: $1,000.00 Task Eight - Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations The EIR consultant will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. This document will be presented to the City of San Juan Capistrano and will identify each mitigation measure to be carried out if the project is implemented, the entity that will be responsible for implementing the mitigation measure(s), and when each measure will be implemented. In addition, the Findings of Fact and Statement of Overriding Consideration, if determined necessary (i.e., project implementation will result in unavoidable significant adverse impacts), will also be prepared and submitted to the City for review and presentation to the San Juan Capistrano Council for adoption prior to approval of the proposed project. Estimated Time Frame: 4 Weeks Estimated Budget: $1,500.00 Task Nine - Public Hearings The EIR consultant will attend all public hearings, including those of the San Juan Capistrano Planning Commission and City Council. The estimated budget proposed for this task will Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 10 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA accommodate up to two (2) hearings, including one (1) before the Planning Commission and one (1) before the City Council. The Project Manager will attend each and be responsible for making all presentations and responding to questions raised during the public hearings. Should additional hearings be required, they will be charged at the appropriate hourly rate. Estimated Time Frame: As Required Estimated Budget: $1,050.00 II. PROJECT SCHEDULE The scope of services through Task Three (i.e., submittal of the Screencheck EIR) presented in this proposal can be accomplished in approximately 6 weeks from issuance of the Notice to Proceed. This schedule is presented below. Anticipated Schedule Proposed Serra Plaza San Juan Capistrano, CA 1 Project Management As Required 2 Supplement Initial Study/NOP 1 Week 3 Cultural/Scientific Resources Surveys 2 Weeks 4 Screencheck EIR 6 Weeks' 5 Draft EIR 3 Weeks 45 -Day Comment Period 6 Weeks 6 Response to Comments 2 Weeks 7 Final EIR 2 Weeks 8 Mitigation Monitoring Program/ Findings/ Statement of Overriding Considerations 4 WeekS2 9 Public Hearings As Required 'Includes 2 weeks in Task 2 (Sub -Consultant Studies). 2May be prepared during 45 -day public review period and/or during Task 7 (Final EIR). Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 11 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA Ill. ESTIMATED BUDGET The scope of services and work project described in Section I of this proposal will be undertaken and completed for a fee of $15,530.00, not including printing and reproduction. This fee includes project management, the environmental impact analysis (including the Draft and Final EIRs), preparation of the technical study and records searches identified in Task Two, and attendance at public hearings. All other technical studies determined to be necessary to adequately evaluate project impacts will be provided to KKC by the project applicant. In addition to the professional fees identified above, a fee of $4,000.00 has been estimated to be necessary for printing, reproduction, postage and supplies. The total estimated budget, including printing and reproduction is $19,530.00. Estimated Budget Proposed Serra Plaza San Juan Capistrano, CA Task No. Task Description Estimated Bud et 1 Project Management $ 2,880.00 2 Supplement Initial Study/NOP $ 1,200.00 3 Cultural/Scientific Resources Records Searches Cultural Resources Records Search Scientific Resources Records Search $ 1,000.00 ( 500.00) ( 500.00) 4 Screencheck EIR $ 4,500.00 5 Draft EIR $ 1,500.00 6 Response to Comments $ 900.00' 7 Final EIR $ 1,000.00 8 Mitigation Monitoring Program/Findings/ Statement of Overriding Considerations $ 1,500.00 9 Public Hearings $ 1,050.00 Sub -Total Professional Fees $15,530.00= Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 12 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA Task No. Task Description Estimated Budget Miscellaneous $ 4,000.00 Printing and Reproduction ( 3,500.00) Postage and Supplies ( 500.00) TOTAL ESTIMATED BUDGET $19,530.00 'Estimated budget. It may be necessary to renegotiate the fees for this task after all of the public comments are reviewed. 2Estimated budget based on the scope presented in this proposal. Should it be determined that the scope of work is reduced or expanded, a new scope and budget will be prepared and submitted to the City of San Juan Capistrano. IV. RESPONSIBILITY OF APPLICANT AND/OR CITY OF SAN JUAN CAPISTRANO The following information shall be provided to the consultant in order to complete the analysis described in this proposal. All previous environmental documents prepared for the subject property. 2. The following technical analyses prepared for the applicant: (1) soils and geology; (2) infrastructure analysis (i.e., sewer, water, and storm drainage); (3) traffic analysis; and (4) Phase I and/or Phase II assessments. 3. A large-scale topographic map (i.e., 1" = 100') of the subject property (in reproducible form). 4. Aerial photograph, if available. 5. A complete project description, including a statistical summary of the proposed project and plans reflecting the proposed development plan, development phasing, project objectives, and discretionary actions sought. 6. Large-scale plans reflecting grading and site design (including landscape and parking plans). V. STATEMENT OF OFFERITERMS OF AGREEMENT Keeton Kreitzer Consulting and the technical consultants identified in this proposal are prepared to begin work on the proposed Serra Plaza Draft EIR immediately upon execution of the contract. You may be assured that should we be selected to provide the environmental services described Proposal for Consulting Services Sema Plaza - Architectural Control 00-08 October 4, 2001 13 PROPOSAL FOR CONSULTING SERVICES SAN JUAN CAPISTRANO, CA 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 possible. We shall perform all work described in this proposal for an estimated budget of $15,530.00. In addition, a budget for printing, reproduction, postage and supplies is estimated to be $4,000.00 for the proposed project. A total estimated budget of $19,530.00 includes professional fees and printing and reproduction. This offer is valid for a period of sixty (60) days. It should be emphasized that these costs are based upon the 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 estimated budget accordingly. Keeton K. Kreitzer, Principal, is the individual authorized to bind the offer made above to the City of San Juan Capistrano. Offer Presented By: Keeton K. Kreitzer, Principal KEETON KREITZER CONSUL Date: October 4, 2001 Proposal for Consulting Services Serra Plaza - Architectural Control 00-08 October 4, 2001 14 PAYMENT FOR SERVICES Architectural Control (AC) 00-08; Serra Plaza Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed $19,530. 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. Prepayment by Applicant: The CITY shall require that the applicant shall, upon execution of this agreement, deposit with the CITY, a cash sum of $19,530. B. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT according to the following schedule: 1. Not more than ten percent (10%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of completion of the Notice of Preparation (NOP) process, scoping meeting, and submission of the EIR project description to CITY and upon demand by CONSULTANT. 2. Not more than ten percent (10%) monthly up to a maximum of fifty percent (50%) cumulative of the total contract amount during preparation of the technical reports and the screencheck draft EIR shall be paid to CONSULTANT within thirty (30) days of demand by CONSULTANT. 3. Not more than sixty percent (60%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the EIR project alternatives to CITY and upon demand by CONSULTANT. 4. Not more than seventy percent (70%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the screencheck draft environmental document to CITY and upon demand by CONSULTANT. 5. Not more than seventy-five (75%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the draft environmental document to CITY and upon demand by CONSULTANT. 6. Not more than eight -five percent (85%) cumulative of the total contract amount during the public review period on the Draft EIR shall be paid to CONSULTANT within thirty (30) days of demand by CONSULTANT. 7. Not more than ninety-five percent (95%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of the end of the Payment for Services Serra Plaza/AC 00-08 -2- Exhibit B public review period for the environmental document and the submission of draft responses to comments to the CITY and upon demand by CONSULTANT. 8. The remaining five percent (5%) of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the final environmental document to the CITY and upon demand by CONSULTANT. In the case of a Final EIR, it shall include revisions to the Draft EIR as a result of CITY comments, all comments received during the public review period, 'Responses to Comments", and minutes of all public meetings. Contract Amount $19,530 Project Milestone Max. Cumulative Max. Cumulative Percent Payment Payment Completion of the Notice of Preparation (NOP) 10% $1,953 process, scoping meeting, and submission of the EIR project description. During preparation of the technical reports and the 50% $9,765 screencheck draft EIR Submission of the EIR project alternatives 60% $11,718 Submission of the screencheck draft environmental 70% $13,671 document Submission of the draft environmental document 75% $14,648 During the public review period on the Draft EIR 85% $16,601 End of the public review period for the environmental 95% $18,554 document and the submission of draft responses to comments Submission of the final environmental document 100% $19,530 (C:\MyFiles\KKC-0042.SERRAPLAZA\Contract\Ac0008sp-pfs.wpd) EXHIBIT B