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07-0215_ED ALMANZA & ASSOCIATES_Professional Services AgreementPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1�) day of February, 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Ed Almanza & Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to prepare a Focused Environmental Impact Report pursuant to the provisions of the California Environmental Quality Act and the "Local Guidelines for Implementing CEQA" for Architectural Control (AC) 06-17, Centra Pointe. The proposed project consists of preliminary site and architectural plans for the development of approximately 38,700 square feet of commercial office space on an existing 3.14 acre parcel located between Interstate -5 and Rancho Viejo Road and with the City's Community Redevelopment Agency area. 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 December 31, 2007, provided CITY and the project applicant provide timely information and responses to draft work in a timely manner. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed forty-five thousand, nine -hundred and fifteen dollars and no cents ($45,915.00), as set forth in Exhibit "B," attached hereto 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 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. Ed Almanza & Associates City of San Juan Capistrano Professional Services Agreement 2 of 7 February 2007 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 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. Ed Almanza & Associates City of San Juan Capistrano Professional Services Agreement 3 of 7 February 2007 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 shall indemnify, hold harmless, and defend the City, its Council, officers, agents and employees from and against any and all claims and losses, costs or expenses, including but not limited to any damage due to death or injury to any person and/or injury or damage to any property resulting from any act or omission of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fees. Notwithstanding any other provision of this section 13, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless, but not defend City, its Council, officers, agents and employees from and against any damage, liability, loss, cost or expense, which arise out of claim, court action, or administrative proceeding challenging City approval of the project for which Consultant is preparing the environmental documents, if it is determined by a court action having jurisdiction that Consultant or any of its agents, employees, or subcontractors negligently performed its services under this agreement. Consultant's obligation to indemnify the City shall include reasonable attorney fees and costs. 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; Ed Almanza & Associates City of San Juan Capistrano Professional Services Agreement 4 of 7 February 2007 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 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 1185 (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 not be required to maintain Errors and Omissions Coverage. 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 ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. Ed Almanza & Associates City of San Juan Capistrano Professional Services Agreement 5 of 7 February 2007 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 Attn: Director of Administrative Services 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Consultant: Ed Almanza Ed Almanza & Associates PO Box 9396 Laguna Beach, CA 92652 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. Ed Almanza & Associates City of San Juan Capistrano Professional Services Agreement 6 of 7 February 2007 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: Monahan, AS TO FORM: CITY OF SAN JUAN CAPISTRANO Dave Adams, City Manager Ed Almanza & Associates Ed Aln?-66nza, Principal 61 John . Shaw, City Attorney Exhibits: Exhibit A, Scope of Work. Exhibit B, Payment for Services. Exhibit C, Rate Schedule. Ed Almanza & Associates City of San Juan Capistrano Professional Services Agreement 7 of 7 February 2007 CENTRA POINTE OFFICE PARK FOCUSED ENVIRONMENTAL IMPACT REPORT PROPOSED SCOPE OF SERVICES We propose to provide a Focused Environmental Impact Report, with all appropriate accompanying documents — technical appendices, Response to Public Comments and Mitigation Monitoring & Reporting Program. We will prepare all phases of the EIR, including screencheck draft versions, the public draft EIR and the Final EIR. I. CONTENT AND SCOPE OF FOCUSED EIR The Focused EIR will include the following sections. Introduction The document will begin with a brief Introduction section describing the purpose of the EIR and its role in the CEQA process. Within this section, we will underscore the focused character of the EIR, and briefly identify the process whereby topics to be addressed were determined to warrant full discussion in the document. The Introduction will identify the components of the EIR, and generally assist the reader in understanding how the document's several sections function together to meet the City's obligations under CEQA. Project Description The Project Description will identify the project objectives, the project site and characteristics of the proposed development. The project site will be depicted in a precise map at a local scale, illustrating the site's relationship to adjacent roads and existing land uses in the vicinity. Other maps will show the site's location relative to the City's boundaries (and relevant landmarks, such as the downtown), and its regional setting. The proposed development will be described in terms of its specific uses, the proposed site plan, proposed grading plan and characteristics of the proposed architectural design. The FIR will identify the several discretionary approvals sought for the project and present corresponding project components related to the approvals (Zone Change, TTM, Architectural Control, Tree Removal Permit and Grading Plan). Within this section, the EIR will also identify approvals required of agencies other than the City to implement the project (County, State, Federal or special Districts). This section is important in providing further context to the project and its resources, but also for identifying the future actions of other agencies and their relationship to this CEQA document as responsible or permitting agencies. It is also important to identify any required agency permit approvals because of their potential value as mitigation measures and/or conditions of approval. The document will therefore list all agencies with permitting authority over any aspect of the project, along with the basis of that authority, the specific permit required, and the nature of the resource Ed Almanza & Associates 1 Centra Pointe Office Park Environmental Planning Focused EIR or improvement that falls within the agency's jurisdiction. Environment Setting, Potential Impacts and Mitigation Measures The EIR will discuss potential impacts related to the following topics. Selection of these topics is based on our preliminary evaluation of the project and extensive discussions with City Staff, and will be documented for procedural and public review purposes in the Environmental Checklist to accompany the Notice of Preparation (see Public Notices, below). We anticipate that the Environmental Checklist will find that the following environmental issues warrant attention, and will therefore be addressed in the focused EIR. Land Use The EIR will identify the site's zoning, its General Plan designation, and its relationship to other relevant local and regional plans. Using maps (and tables, if necessary) it will also identify surrounding land uses and their characteristics, including zoning, General Plan designations, existing development densities, etc. The Land Use section will discuss the suitability of the proposed land use for the site. The discussion will examine issues of compatibility with neighboring uses, including the adjacent 1-5 freeway. Potential conflicts related to noise, aesthetics, lighting, parking and traffic will each be discussed individually in their own section of the assessment, but this section will also address the general compatibility of the proposed land use relative to these issues and existing neighboring uses. Traffic and Parking The EIR will draw on the technical traffic study (to be provided by the City) as a source for addressing the existing conditions, project -generated traffic, future conditions and level of impact resulting from the project. (We anticipate that City staff will perform a technical review of the traffic study and thus ensure its adequacy.) Very early in the process, we will confer with Staff to ensure that the traffic study employs the same list of cumulative projects for its technical analysis as is used in the EIR for its assessment of other cumulative impacts. Our assessment will draw on the technical traffic study for discussion of the project's proposed ingress/egress points and their suitability relative to the local circulation system. We will include a discussion of the proposed internal parking and circulation plan, based on technical review provided by the City. We anticipate that project -generated traffic will result in significant impacts to at least one location in the vicinity (at the I-5/Ortega Highway interchange). The EIR will look to the technical study for feasible mitigation measures to address this and any other significant impacts identified through the course of the analysis. Hydrology and Water Quality The EIR will include a section discussing potential impacts related to hydrology and water quality. Information on the local hydrological conditions will be derived from the technical Ed Almanza & Associates 2 Centra Pointe Office Park Environmental Planning Focused EIR report provided by Centra Realty and reviewed by City Engineering staff. Potential impacts on water quality will be identified (construction -related as well as post -development conditions) and the project's Conceptual Water Quality Management Plan reviewed for its adequacy in mitigating impacts. Noise The EIR will address potential impacts related to the acoustic environment. The Noise section will identify existing and projected noise levels at the Centra Pointe site emanating from traffic along the I-5 and other nearby roadways. Noise levels will be based on the most recent noise contour data from Caltrans (or obtained from recent studies prepared for the City in conjunction with other projects). Our assessment will evaluate the project's compliance with land use - specific noise thresholds of the City's Noise Element and verify the project's ability to achieve suitable exterior -to -interior noise level attenuation. Recreation The EIR will address the development's relationship to the existing recreational trail aligned along the site's southern boundary. We will consider such issues as site distance for trail users and for vehicles entering and exiting the site, and other potential sources of circulation conflict. The EIR will also address the project's affect on the recreational quality of the existing trail connection with respect to the proximity of buildings and parking areas. Visual Impacts Discussion of visual impacts will focus on significant viewsheds from the I-5 freeway and from Rancho Viejo Road, both of which are designated "scenic drives" by the City's General Plan Community Design Element. For analysis of both effects we will employ a digitized photo - simulation technique to produce before and after views of the site from critical viewpoints along each roadway.' We will confer with Staff to determine the appropriate locations and orientation of views to be included in the analysis. In all, we anticipate producing 4 or 5 simulated views of the site in its post -development condition. The intent is that 2 or 3 simulations would be produced to assess the visual impacts of the proposed project, and 1 or 2 simulations would be reserved to assess, if deemed necessary, modifications to the project design in terms of site planning, building siting, and building massing as part of the alternatives analysis (see discussion below). The visual character of the project will be assessed in terms of compliance with policies of the City's Community Design Element and the Architectural Guidelines. The EIR will specifically address visual effects of the proposed grading plan and potential impacts resulting from removal of large trees onsite, particularly the eucalyptus windrow. We anticipate drawing on data provided in the Tree Survey that will be submitted by Centra Realty Corporation. 'Our methods for providing digital photo -simulations assume that grading and site plans for the project and adjacent roadways (1-5 and Rancho Viejo Road) are available in digital format. Ed Almanza & Associates 3 Centra Pointe Office Park Environmental Planning Focused EIR In the event that visual impacts are found to be significant, we will work closely with Staff and Centra Realty Corporation to explore potential design solutions that would effectively mitigate any adverse effects. If feasible, and deemed appropriate by Staff, we may include digitized photo -simulations of an alternative site plan for purposes of comparative analysis to illustrate how any potential impacts might be reduced. Cultural Resources The EIR will address the potential for impacts on possible archaeological, historical and paleontological resources through a technical study prepared by PCR under contract to Ed Almanza & Associates. PCR will undertake a cultural resources survey for potential archaeological and historical resources within the project boundary and immediate surroundings pursuant to City Council Policy 601. The survey will include a records search through the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. The findings of the records search and cultural resources survey will be presented in a report, including a confidential appendix as necessary, and summarized in the EIR's Cultural Resources section along with recommended mitigation measures as appropriate. The EIR will also include the results of a paleontological records search that will be conducted through the Los Angeles County Museum of Natural History, the regional clearinghouse for those resources. A paleontological resources field survey will also be undertaken by PCR. The results and recommendations of the records search and field survey will be documented and presented in the EIR. If it is determined that paleontological resources would be affected as a result of project implementation, mitigation measures will be identified. Geology and Soils The EIR will address issues related to soils (erosion, expansion, liquefaction, etc.) and geology (seismicity and seismic related effects) at a level commensurate with the rezone and tentative tract map stages of approval. The document will base this discussion and appropriate mitigation measures, on the technical Geotechnical Report to be provided to the City by Centra Realty Corporation and reviewed by City Engineering Staff. Air Quality The EIR will identify the project's impacts on air quality based on an in-house analysis performed using AQMD's URBEMIS model. Appropriate mitigation measures will be identified to address project -specific air quality impacts. Because the project is not deemed "regionally significant" with respect to AQMD's thresholds, the project will be examined in the context of consistency with the City's General Plan Land Use Element and the consistency of the General Plan with the Southern California Association of Governments (SCAG) Regional Land Use Plan. Utilities, Infrastructure & Community Services We will identify any effects the project might have on utilities, infrastructure or community Ed Almanza & Associates 4 Centra Pointe Office Park Environmental Planning Focused EIR services that would require expansion or construction of new facilities which in turn might result in environmental impacts. Along with standard utilities such as sewer and storm drain facilities, other issues to address in this category include police and fire protection services. The EIR will also discuss impacts to existing utilities onsite and immediately adjacent to the project (e.g., electric power lines and Capistrano Valley Water District facilities). Cumulative Impacts The EIR will identify other projects that share cumulative significant impacts with this project, especially with respect to traffic impacts. The potential for cumulative impacts will be addressed for the full range of environmental topics. We will coordinate with the preparers of the technical traffic study to ensure that the traffic study addresses cumulative impacts based on the same assumptions for anticipated projects that are applied elsewhere in the EIR. Additional CEQA Topics In addition to the topics itemized above, the EIR will address the other environmental topics required by CEQA consistent with the City's Local Guidelines for Implementing CEQA, including: ♦ Significant Environmental Effects Which Cannot be Avoided if the Project is Implemented ♦ Significant Irreversible Changes Which Would be Involved ♦ Growth -Inducing Impacts As well as a Summary of: ♦ Significant Environmental Effects ♦ Proposed Mitigation Measures Alternatives to the Proposed Project The EIR will include discussion of feasible alternatives to the project, with an emphasis on alternatives that might reduce or avoid the project's significant impacts. Prior to completion of the Screencheck Draft EIR, we will confer with Staff to identify specific alternatives to be discussed in the EIR. At this time, along with the No Project Alternative, we anticipate the potential for at least one alternative that might reduce or avoid impacts related to traffic. Additional alternatives will be identified and addressed, as appropriate, in response to the EIR's findings of significant impacts. References and Technical Appendices The EIR will include complete references to all technical studies and sources of supporting information cited in the body of the document. Key technical studies will be reproduced in appendices, along with the Notice of Preparation (NOP) and responses to the NOP. Ed Almanza & Associates 5 Centra Pointe Office Park Environmental Planning Focused EIR Additional sections of the EIR will identify persons and organizations consulted during document preparation, included City staff and members of the project team. II RESPONSE TO COMMENTS Following the close of the public review period for the Draft FIR, and following staff's direction, we will prepare written responses to all comments received. In the case that comments from the public or from public agencies necessitate additional technical information, we will seek assistance from Staff in identifying appropriate strategies for obtaining the necessary information. If the needed information is associated with one of the technical topics addressed through studies provided to us by the City, we would seek the City's technical assistance in providing that information. We will provide a draft Response to Comments for Staff review, followed by a final version that incorporates any comments Staff might provide, according to the schedule identified below (see Project Schedule). III MITIGATION MONITORING REPORTING PROGRAM We will develop a Mitigation Monitoring Reporting Program for the project's mitigation measures. The MMRP will conform to the City's standard format. We will provide a draft for Staff comment, followed by a final to be provided in time for formal consideration by the City Council in conjunction with consideration of the Final FIR. IV FINAL EIR CONTENT Upon certification of the Draft EIR, we will compile the Final EIR. The final document will consist of these components: City Council Resolution Certifying the Draft Final EIR Findings of Fact Statement of Overriding Considerations (if applicable) Text of public hearing Draft Final FIR Planning Commission & City Council public hearing minutes Notice of Completion & Notice of Determination Comments on Draft EIR and Responses Mitigation Monitoring Reporting Program V PUBLIC NOTICES We will also be responsible for public notices associated with the EIR process, including the Notice of Preparation (NOP), the Notice of Completion filed with the State Clearinghouse and the Notice of Determination to be filed with the County Clerk. We will prepare each notice using the City's standard form. For the Notice of Preparation, we include a completed Environmental Checklist form, along with brief explanatory text, describing the reasons for determining which environmental issues are appropriate for discussion in the focused EIR. As with all other products, the notices and accompanying documentation will be provided to Staff in draft form for review prior to circulation. We will take an active role in developing the Ed Almanza & Associates 6 Centra Pointe Office Park Environmental Planning Focused EIR list of recipients for each notice and be responsible for mailing all notices. The NOP will be posted with return receipt requested. VI MEETINGS & HEARINGS We are prepared to attend one kick-off meeting, a minimum of two project status meetings, two DRC meetings and two public meetings at both the Planning Commission and City Council. Our goal is to meet the City's needs related to both public involvement and coordination with Staff, and to that end we will maintain flexibility in our allotment of time to meetings and hearings. VII DELIVERABLES We will provide the following deliverables: A. Five copies of the Screencheck EIR (hardcopy) and one CD-ROM disk copy. B. Five copies of the Revised Screencheck Draft EIR (hardcopy) and one CD-ROM disk copy. C. Thirty-five copies of the Public Review Draft EIR; Five copies of the Technical Appendices; Fifteen copies of the Executive Summary; and one CD-ROM disk of the Public Review Draft FIR & Technical Appendices. D. Three copies of the Certified Final EIR containing all necessary information E. Copies of the CEQA-required notices posted with the County Clerk (Notice of Preparation (NOP), Notice of Completion (NOC), and Notice of Determination (NOD). F. Statement of Overriding Considerations and Findings of Fact (if applicable) VIII PROJECT SCHEDULE We will work with the City to meet scheduling needs for any public meetings prior to the document's completion (e.g., DRC meetings) in order to keep the project's process on schedule. We anticipate the following milestones. ♦ Circulation of Notice of Preparation ♦ Submittal of Screencheck draft FIR ♦ Submittal of Revised Screencheck EIR ♦ Submittal of Public Hearing Draft EIR ♦ Response to Comments ♦ Submittal of Final EIR Two weeks after authorization. Six to Eight weeks after authorization. (Note: This date assumes that all project and technical information is provided within ten (10) days of the notice to proceed and that the traffic analysis has been approved by the City no later than 3 weeks after the notice to proceed.) Two weeks after receipt of City comments. Two weeks after Staff authorization to print document. Two weeks after close of public review period. (Note: This date assumes no substantial additional technical work is necessary) Ten days after certification Ed Almanza & Associates 7 Centra Pointe Office Park Environmental Planning Focused EIR IX BUDGET We are prepared to perform the tasks of this scope of work based on the following budget. TASK ESTIMATED COST Project Management, Environmental Assessment & Document Preparation (Including Graphics & Word Processing, i.e., all in-house labor) A. Notice of Preparation $2,300 B. Screencheck Draft EIR $16,380 C. Revised Screencheck Draft EIR $2,300 D. Public Draft EIR $2,300 E. Response to Comments $2,300 F. Mitigation Monitoring & Reporting Program $2,300 G. Final FIR $600 H. Meetings & Public Hearings $3,105 I. Other Public Notices $920 J. Findings of Fact, Statement of Overriding Considerations $460 Subtotal $32,965 Subconsultants Digital Photo -Simulations (JP Mapping) $5,500 (Assumes 4 - 5 views; additional views would be budgeted at $800 each) PCR, cultural and paleontological resources survey $5,500 Direct Costs Printing $1,250 Assumes 5 copies of Screencheck Draft EIR, 5 copies of Revised Screencheck Draft EIR, 35 copies of Public Draft EIR, 5 copies of Technical Appendices, 15 copies of Exec. Summary and 3 copies of certified FEIR Miscellaneous Expenses (Courier, graphic reproduction, phones, postage, etc.) $700 Total Not -to -Exceed Cost $45,915.00 Ed Almama & Associates 8 Centra Pointe ice Park Environmental Planning Focused EIR X PROJECT ASSUMPTIONS This scope of work and budget are based on the following assumptions related to materials provided by the City and applicant. The applicant will provide project information at a level of detail appropriate to the approvals subject to environmental review: Zone Change, Tentative Tract Map, Architectural Control, Tree Removal Permit and Grading Plan. 2. The City and applicant will provide digital terrain data of the project site under existing conditions and post -grading conditions. Building elevations, landscaping and architectural characteristics (building materials, color, roof pitch, etc.) proposed for the development. Elevations of off-site viewpoint locations to be used in the computer - simulated visual assessment (I-5 freeway and Rancho Viejo Road). 3. The applicant will provide a Geotechnical Report, Hydrology Study, Conceptual Water Quality Management Plan and Tree Survey. 4. The City will provide the following technical information: ♦ A technical traffic study of the project and its potential impacts on the local circulation system. ♦ Technical (in-house) review of the project's proposed internal circulation and parking plan. ♦ Technical review of the project's proposed Transportation Management Program. ♦ Recent noise level data and projected noise levels adjacent to the I-5 freeway, suitable for use in evaluating the project's ability to mitigate future noise levels on-site. ♦ Technical assistance in generating air pollutant emission projections per South Coast Air Quality Management District's URBEMIS model XI PERSONNEL Ed Almanza will act as Project Manager and primary contact with City staff and with other members of the project team. Mr. Almanza has previously prepared several environmental documents for the City, including the Environmental Impact Report for the San Juan Capistrano Open Space Master Plan and the EIR on the Concorde Development General Plan Amendment (GPA) and Tentative Tract Map (TTM) applications. As is our usual practice, all sections of the document will be written, and the entire document overseen, by Ed Almanza, acting as Principal and Project Manager. Ed Almanza & Associates 9 Centra Pointe Office Park Environmental Planning Focused EIR Technical assistance will be provided by PCR in the areas of cultural and paleontological resources. Visual simulations will be prepared by JP Mapping. Fred Greve of Mestre Greve Associates will consult to us on the project's ability to comply with acoustic requirements. Date: February 12, 2007 Ed Almanza, Prin ipal Ed Almanza & A ociates Ed Almanza & Associates 10 Centra Pointe Office Park Environmental Planning Focused EIR EXHIBIT B, PAYMENT FOR SERVICES Centra Pointe, Environmental Impact Report (EIR) Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed $45,915.00. 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. Prepayment by Applicant: The CITY shall require that the applicant shall, prior to execution of this agreement, deposit with the CITY, a cash sum of $45,915.00. 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-five percent (65%) 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 eighty-five (85%) 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 ninety percent (90%) 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 public review period for the environmental document and the submission of draft responses to comments to the CITY and upon demand by CONSULTANT. Payment for Services AC 0617, Centra Pointe 8. One -hundred percent (100%) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the final Environmental Impact Report (EIR) to the CITY and upon demand by CONSULTANT. Contract Amount $45,915 Project Milestone Max. Cumulative Max. Cumulative Percent Payment Completion of the Notice of Preparation (NOP) process, scoping meeting, and submission of the EIR project 10% $4,592 description. During preparation of the technical reports and the 50% $22,958 screencheck draft EIR Submission of the EIR project alternatives 65% $29,845 Submission of the screencheck draft environmental 75% $34,436 document Submission of the draft environmental document 85% $39,028 During the public review period on the Draft EIR 90% $41,324 End of the public review period for the environmental document and the submission of draft responses to 95% $43,619 comments Submission of the final environmental document 100% 1 $45,915 RATESCHEDULE ED ALMANZA & ASSOCIATES Principal $115.00 per hour Graphic Illustrator $50.00 per hour Word Processing $40.00 per hour 32400 PASEO ADEI—ANTO SAN JUAN CAPISTRANO, CA 92875 (949) 493-1171 (949) 493-1053 1 www.sanjuancapistrano.org TRANSMITTAL TO Ed Almanza Ed Almanza.& Associates P.O. Box 9396 Laguna Beach, CA 92652 DATE: May 8, 2007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONORES USO RE: Professional Services Agreement — Environmental Impact Report (Centra Pointe) Thank you for providing documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949)443-6309. If you have questions concerning the agreement, please contact Bill Ramsey, Principal Planner (949) 443-6334. An original agreement is enclosed for your records. Cc: Bill Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future 01 Printed on recycled PaPer