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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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,
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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.
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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
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PROPOSAL FOR CONSULTING SERVICES
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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