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05-0228_KEETON KREITZER CONSULTING_Personal Services AgreementPROFESSIONAL SERVICES AGREEMENT *A- THIS AGREEMENT is made and entered into this day of February, 2005, 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 to Prepare an Environmental Impact Report for "Capital Improvement Project, Lallovia Bridge Widening"; and, WHEREAS, Consultant is qualified by virtue of his/her 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 30, 2006 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 one -hundred and nine -thousand, two -hundred and sixty-eight dollars and no cents ($109,268.00), as set forth in Exhibit "B," attached hereto and incorporated herein by reference. CIP-LANOVIABRIDGE-EIR-PSA.DOC 1 of 7 February 2005 SD w 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. CIP-LANOVIABRIDGE-EIR-PSA. DOC 2 of 7 February 2005 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. Section 12. Ownership of Documents. CIP-LANOVIABRIDGE-EIR-PSA.DOC 3 of 7 February 2005 III 0 0 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 Rancho Capistrano Master Plan, the Environmental Impact Report (EIR) for such Plan, or any part of the development project identified in the Plan for which Consultant is preparing the Environmental Impact Report (EIR) 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; CIP-LANOVIABRIDGE-EIR-PSA.DOC 4 of 7 February 2005 0 0 $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 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 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. 14.7 Terms of Compensation. CIP-LANOVIABRIDGE-EIR-PSA.DOC 5 of 7 February 2005 0 0 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 parry 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: Keeton Kreitzer Consulting 17782 East 17th Street, Suite 106 Tustin, CA 92780-1947 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"). CIP-LANOVIABRIDGE-EIR-PSA. DOC 6 of 7 February 2005 • • 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. CITY OF SAN JUAN CAPISTRANO By: &",-A -�7F_(�_ � Dave Adams, City Manager Keeton Kreitzer Consulting M ATTEST: ki Exhibits: Exhibit A, Scope of Work. Exhibit B, Payment for Services. Exhibit C, Rate Schedule. CIP-LANOVIABRIDGE-EIR-PSA. DOC 7 of 7 February 2005 9 4 EXHIBIT "A" SCOPE OF SERVICES 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES LA NOVIA AVENUE BRIDGE OVER SAN JUAN CREEK SAN JUAN CAPISTRANO, CA SCOPE OF SERVICES WORK PROGRAM A work program has been developed to ensure that the environmental review process is carried out in accordance with the California Environmental Quality Act (CEQA) and the City of San Juan Capistrano adopted CEQA procedures. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this proposal includes: (1) the provision of competent, effective environmental analysis project management; (2) incorporation of existing technical studies and analysis; (3) preparation of additional technical studies; (4) preparation of the environmental documentation (i.e., initial study and Draft EIR); (5) processing of the environmental documentation and public participation; (6) preparation of the final environmental document; and (7) preparation of CEQA notices. These several objectives will be achieved through the completion of several work tasks. Each of these work tasks has been identified and described below. Task One - Proiect Initiation/Coordination KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the required environmental document (i.e., initial study and proposed Negative Declaration). Project coordination will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation Meeting as the first step in that process. That meeting will be held at the first available time after the contract has been awarded and executed. Participants in the meeting will include representatives of the City of San Juan Capistrano, KKC, and other technical consultants deemed necessary to provide direction in the planning and environmental review process for the proposed bridge widening project. Topics of discussion will include the definition of the project description, specific issues to be addressed, technical analysis required to evaluate the proposed project, identification of responsible agencies and sources of information, and the project schedule. KKC will attend additional meetings as determined necessary by the City of San Juan Capistrano, up to a maximum of ten (10). In summary, this task will include the following sub -tasks: Consultation and coordination of the proposed project and environmental document with the City of San Juan Capistrano to ensure that City policies are incorporated into the Draft environmental document; Assurance that the Draft environmental document meets the requirements of CEQA, the State CEQA Guidelines, and the City's CEQA procedures; and Coordination with City staff and project technical consultants and attendance at up to ten (10) meetings. Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 LA NOVIA AVENUE BRIDGE WIDENING PROJECT- SAN JUAN CAPISTRANO Estimated Time Frame: As Required Estimated Budget: $4,200.00 Task Two - Initial Study/Notice of Preparation (NOP) The environmental consultant will prepare an initial study utilizing the City of San Juan Capistrano environmental assessment form. The purpose of the initial study is twofold: (1) to identify those issues that will be the subject of the analysis contained in the Draft EIR; and (2) to eliminate from further analysis those environmental issues, if any, where it can be shown that potential impacts resulting from project implementation will be less than significant. The cursory environmental analysis included in the initial study will be based on the existing data base. Once the initial study is completed and the environmental determination made, a Notice of Preparation will be prepared by the consultant. The NOP, together with the initial study, will be distributed via certified mail (return receipt) to all recipients included on a master distribution list established in consultation with City staff as determined appropriate by the City of San Juan Capistrano. The recipients will include all responsible and trustee agencies as well as interested organizations and individuals as determined by the City. Estimated Time Frame: 4 Weeks (including City review) Estimated Budget: $3,100.00 Task Three - Sub -Consultant Studies In order to evaluate the potential cultural resource impacts associated with activities necessary to widen the La Novia Avenue Bridge, the RFP developed by the City has identified the need to prepare several technical studies, including an acoustical analysis, an air quality assessment, traffic analysis, and a cultural resources assessment. This task includes the preparation of a cultural resources assessment, which will be conducted pursuant to City Council Policy 601. The survey will also include a records search through the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. The findings of the records and field survey will be presented in a report and summarized in the Cultural Resources section of the Draft EIR. In order to address City Council Policy 601, KKC also proposes to 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. Because it is not anticipated that paleontological resources will be uncovered in the project area due to its location within the San Juan Creek flood plain, a paleontological field survey will not be undertaken. Rather, KKC will contact the Museum of Natural History and request a records search to determine if paleontological sites have been recorded within the limits of the La Novia Avenue Bridge project area or in the environs. The results and recommendations of the records search will be documented and presented in the Draft EIR. In addition to the Cultural Resource survey identified above that will be prepared under contract to KKC, other studies will also be required in order to adequately analyze the potential impacts anticipated from the implementation of the proposed bridge widening project. Specifically, a biological resources survey (i.e., species/habitat study), wetland delineation, and hydraulic/hydrologic study will be prepared under separate contract. An acoustical study, vibration study, and air quality assessment will also be necessary to adequately evaluate the potential project construction -related impacts on both the existing habitat and sensitive species and the surrounding development. A detailed traffic analysis must also be prepared for the proposed project. The estimated budget included in this task does reflect the costs associated with Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO these four technical studies. These studies, in addition to the cultural resources assessment identified above, will be prepared by or provided to KKC by project team members identified below. These additional technical studies serve as the basis for evaluating project -related impacts in each of the environmental issue areas (i.a,, biological resources, noise, air quality, vibration, traffic and circulation, and hydrology/water quality). Applicable components of these reports will also be appended to the Draft EIR. Acoustical Analysis Air Quality Assessment Vibration Study Traffic Analysis Cultural Resources Assessment Estimated Time Frame: Four Weeks Estimated Budget: $61,768.00 Task Four - Screencheck EIR ISE, Inc. ISE, Inc. ISE, Inc. RBF Consulting SW CA Environmental Consultants 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 of San Juan Capistrano for review and comment prior to the preparation of the Draft EIR. This work effort will encompass both primary and secondary research to estabiish 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. Although the scope of the Draft EIR will be determined when the initial study (refer to Task Three) is completed, this proposal assumes that the EIR will address the issues identified in the outline presented based on the location and nature of the proposed project. However, it must be understood that should the initial study conducted in Task Three reveal the need to evaluate additional issues, the scope and budget will be modified as necessary to accommodate the additional analysis. Draft EIR Table of Contents La Novia Bridge Widening Project 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 Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 LA NOVIA AVENUE BRIDGE WIDENING PROJECT - SAN JUAN CAPISTRANO 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 2.2 Methodology 2.2.1 Existing Environmental Setting 2.2.2 Significance Criteria 2.2.3 Project Design Features/Standard Conditions 2.2.4 Environmental Impact Analysis 2.2.5 Mitigation Measures 2.2.6 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 Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 4 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS 4.1 Topography/Soils and Geology 4.2 Biological Resources 4.3 Cultural/Scientific Resources 4.4 Surface and Groundwater Hydrology 4.5 Traffic and Circulation 4.6 Noise 4.7 Air Quality 4.8 Land Use/Relevant Planning 4.9 Aesthetics CHAPTER 5.0 - CUMULATIVE IMPACTS 5.1 Description of Cumulative Projects 5.2 Cumulative Impacts Analysis 5.2.1 Soils and Geology 5.2.2 Biological Resources 5.2.3 Cultural/Scientific Resources 5.2,4 Surface and Groundwater Hydrology 5.2,5 Traffic and Circulation 5.2,6 Noise 5.2.7 Air Quality 5.2.8 Land Use/Relevant Planning 5.2.9 Aesthetics 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 6.2 Analysis of Alternatives 6.2.1 No Project Alternative (No Bridge Widening) 6.2.2 Alternative Design 6.2.3 Alternative Design Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 5 0 0 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO 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. Correspondence C. Preliminary Geotechnical Analysis D. Biological Assessment E. Cultural Resources Assessment/Paleontological Records Survey F. Hydrology/Hydraulic Analysis G. Traffic Analysis H. Acoustical AnalysisNibration Analysis I. Air Quality Analysis 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 or table format. This section will also include a brief description of each alternative (including identification of the "environmentally superior" alternative), a list of potential areas of controversy, and issues to be resolved as required by the State CEQA Guidelines. 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 (i.e., subsequent discretionary and/or permit approvals). Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO 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 undertaken in Task Two as well as in NOP comments and during the public scoping meeting (if a scoping meeting is conducted). 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 where a technical study will be the basis for the environmental analysis contained in the EIR, 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 land use studies and other technical documentation prepared by/for the applicant and/or City of San Juan Capistrano will be utilized to the extent they are 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 and presented in this section of the Draft EIR upon which the significance of the project -related potential impacts are determined. The significance criteria which are the basis of the environmental analysis 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, 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). Project Design Features/Standard Conditions This section of the document will identify specific project design features (PDF) that will be incorporated into the proposed project that are intended to preempt project -related impacts (e.g., Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 0 0 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO incorporation of mature landscaping, etc.) by the applicant as well as standard conditions (SC) that are typically imposed by regulatory agencies (e.g., adherence to the Uniform Building Code) on development in order to ensure safety and minimize adverse environmental effects. The discussion of potential environmental impacts in Chapter 4 will reflect the incorporation of any PDFs and SCs included this section. 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 (refer to Task Two). 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 such 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, 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 in preparing the project -related environmental analysis. 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 has been identified based on the criteria identified in analysis and that impact cannot be avoided, 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, 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. Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 0 9 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO Additionally, the State CEQA Guidelines requires a discussion of "any inconsistencies between the proposed project and applicable general plans and regional plans." This discussion will occur within Section 4.8 (Land Use/Relevant Planning). 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 subject property. 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. 6.0 Alternatives to the Proposed Project Chapter 6.0 will provide a qualitative impact analysis of the alternatives identified 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 that will stipulate the timing and responsibility for each mitigation measure. 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 will be presented in this section of the Draft EIR. In addition, cumulative impacts that are significant and unavoidable will also be identified and listed. Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO 11.0 Organizations and Persons Consulted A comprehensive listing of each individual and the organization with which the individual is associated will be included in this Chapter of the Draft EIR to document the source of the information utilized in the environmental analysis. 12.0 Bibliography 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 Program 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: 12 Weeks (including 8 Weeks in Task 3) Estimated Budget: $20,260.00 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 60 copies of the Draft EIR will be printed once it is approved by the City's Planning Department staff; once released by City staff, the environmental consultant will distribute the Draft EIR with the Notice of Completion (NOC) for a 45 -day public review and comment period. 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: 6 Weeks Estimated Budget: $2,620.00 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 to the Draft EIR 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: 4 Waeks Estimated Budget: $3,520.00 Proposal for Environmental Consulting Services La Novis Avenue Bridge Widening - San Juan Capistrano January 18, 2005 10 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO Task Seven - Public Hearinas The EIR consultant will attend two (2) public hearings, including one (1) before the San Juan Capistrano Planning Commission and one (1) before the City Council. The Principal/Project Manager will attend each and be responsible for making all presentations and responding to questions raised during the public hearings. Budget for this task includes two (2) hours of meeting preparation time and four (4) hours for each public hearing. Should additional hearings be required, they will be charged at the appropriate hourly rate. Estimated Time Frame: As Required Estimated Budget: $1,260.00 Task Eiaht - 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. If necessary, the Final EIR will include "redline/strikeout" revisions that reflect changes resulting from comments received during the public review and comment period. A total of twenty-five (25) copies of the Final EIR will be printed and submitted to the Planning Department. Estimated Time Frame: 2 Weeks Estimated Budget: $2,200.00 Task Nine - Mitigation Monitoring Proarem/Findings/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., unavoidable significant adverse impacts), will also be prepared and submitted to the City for review and presentation to the San Juan Capistrano Planning Commission and City Council for adoption prior to approval of the proposed project. Estimated Time Frame: 4 Weeks Estimated Budget: $3,640.00 Task Ten - Legal Notices KKC will be responsible for preparing both the requisite legal notice for the public advertisement, the Notice of Preparation, Notice of Completion that is filed with the State Clearinghouse, and the Notice of Determination that must be filed with the Orange County Clerk/Recorder. Once completed, these forms will be submitted to the City for review and endorsement. The Notice of Determination must be filed with the Orange County Clerk -Recorder within five (5) days of City approval of the proposed project. KKC will be responsible for posting the Notice of Preparation and the Notice of Determination with the Clerk -Recorder. It is important to understand t;iat neither the Notice of Determination nor Department of Fish and Game filing fees are included in the budget. Any such fees will be the responsibility of the project applicant or City of San Juan Capistrano. The Notice of Determination filing fee is $43 and the Department of Fish and Game Fee for filing an EIR is $850.00. Both fees are payable to the Orange County Clerk -Recorder. Proposal for Environmental Consulting Services La Novis Avenue Bridge Widening - San Juan Capistrano January 18, 2005 11 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO Estimated Time Frame: As Required Estimated Budget: $ 1,200.00 II. PROJECT SCHEDULE A project schedule has been developed and presented below that reflects the time frames that will be necessary to undertake and complete the services outlined in this proposal. Project Schedule La Novia Avenue Bridge Widening Project San Juan Capistrano, CA Task Description Estimated Time 1 Project Initiation/Coordination As Required 2 Initial Study/NOP 4 Weeks 3 Sub Consultant Studies 8 Weeks 4 Screencheck EIR 12 Weeks 4a City Review 2 Weeks 4b Revisions to the EIR 1 Week 4c City Review of Revised EIR 1 Week 5 Draft EIR 1 Week 5a Public Review and Comment 6 Weeks 6 Responses to Public Comments 2 Week 7 Final EIR 2 Weeks 8 MMRP/Findings of Fact/SOC 2 Weeks' 9 Public Hearings As Required 10 Filing of Legal Notices As Required 'Will occur during 45 -day Public Review Period 111. ESTIMATED BUDGET The scope of services and work described in Section I will be undertaken and completed for a not -to -exceed fee of $109,268.00. This fee includes meetings and coordination, preparation of the environmental analysis Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 12 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO contained in the initial study, filing of necessary CEQA notices and printing, attendance at public hearings, and reproduction associated with the Draft EIR. A budget summary is presented below. Budget Summary La Novia Avenue Bridge Widening Project San Juan Capistrano, CA Title I Man -Hours I Billing Rate Estimated Bud et Task One - Project Initiation/Coordination Project Manager 40 $105.00/Hour $ 4,200.00 Task Two - Initial Study Principal/Project Manager 4 $105.00/Hour $ 420.00 Environmental Planner 32 $ 75.00/Hour $ 2,400.00 Word Processing/Administration 8 $ 35.00/Hour $ 280.00 Sub -Total 44 $ 3,100.00 Task Three - Sub -Consultant Studies SWCA Environmental Consultants (Cultural Resources) $ 4,383.00 Museum of Natural History (Scientific Resources) $ 750.00 Traffic and Circulation $ 30,635.00 Acoustical Analysis $ 9,500.00 Air Quality Assessment $ 9,500.00 Vibration Study $ 7,000.00 Drainage/Hydrology/Water Quality To Be Provided' Biological Resources Assessment To Be Provided' Sub -Total $ 61,768.00 Task Four - Screencheck Draft EIR Principal/Project Manager 32 $105.00/Hour $ 3,360.00 Environmental Planner 180 $ 75.00/Hour $ 13,500.00 Graphics 40 $ 50.00/Hour $ 2,000.00 Word Processing/Administration 40 $ 35.00/Hour $ 1,400.00 Sub -Total 292 $ 20,260.00 Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 13 FA LA NOVIA AVENUE BRIDGE WIDENING PROJECT - SAN JUAN CAPISTRANO Title Man -Hours I Billing Rate Estimated Bud et Task Five - Draft EIR Principal/Project Manager 8 $105.00/Hour $ 840.00 Environmental Planner 20 $ 75.00/Hour $ 1,500.00 Word Processing/Administration 8 $ 35.00/Hour $ 280.00 36 $ 2,620.00 Task Six - Response to Public Comments Principal/Project Manager 8 $105.00/Hour $ 840.00 Environmental Planner 32 $ 75.00/Hour $ 2,400.00 Word Processing/Administration 8 $ 35.00/Hour $ 280.00 Sub -Total 48 $ 3,520.00' Task Seven - Public Hearings Principal 12 $105.00/Hour $ 1,260.00 Task Eight - Draft EIR Principal/Project Manager 4 $105.00/Hour $ 420.00 Environmental Planner 20 $ 75.00/Hour $ 1,500.00 Word Processing/Administration 8 $ 35.00/Hour $ 280.00 Sub -Total 32 $ 2,200.00 Task Nine - MMRP/Findings/SOC Principal/Project Manager 32 $105.00/Hour $ 3,360.00 Word Processing/Administration 8 $ 35.00/Hour $ 280.00 Sub -Total 40 $ 3,640.00 Task Ten - Legal Notices Environmental Planner 16 $ 75.00/Hour $ 1,200.00 Sub -Total - Professional Fees 560 $ 103,768.00 Proposal for Environmental Consulting Services La Novie Avenue Bridge Widening - San Juan Capistrano January 18, 2005 14 LA NOVIA AVENUE BRIDGE WIDENING PROJECT- SAN JUAN CAPISTRANO Title Man -Hours I Billing Rate Estimated Bud et Miscellaneous Postagez $ 500.00 Printing and Reproduction $ 5,000.00 Sub -Total $ 5,500.00 TOTAL NOT -TO -EXCEED FEE $ 109,268.003 'Estimated budget (subject to modification following evaluation of comments received). 2Estimated budget for postage (certified/return receipt) and printing is based on 60 copies of the document. 3Budget does not include the CDFG Filing Fee ($850.00) or the NOD Filing Fee ($43.00). IV. BILLING AND PAYMENT All charges shall be in accordance with the Budget Summary presented in Section II of this proposal. Invoices shall be submitted on a monthly basis which clearly describe the specific services and tasks performed during the billing period. Each invoice is due and payable within 30 days of receipt and shall be considered delinquent on the 31" day. V. PROJECT MANAGEMENT AND PERSONNEL Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 30 years of environmental planning experience and has served as project manager for several similar projects. He has been personally responsible for the preparation of over 100 environmental documents required pursuant to the California Environmental Quality Act and has also prepared environmental studies mandated under the National Environmental Policy Act. He has recently reestablished his own environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector clients with high level, personalized environmental consulting services, including the preparation of environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of several environmental documents, including those for the Newport Banning Ranch Local Coastal Program in the County of Orange, West Coyote Hills in the City of Fullerton, the Emery Ranch residential development plans in the Cities of La Mirada and Fullerton, and for the Central City Redevelopment Project Area in the City of Bell Gardens. Mr. Kreitzer's resume has been included with this scope of work. VI. STATEMENT OF QUALIFICATIONS Keeton Kreitzer Consulting is a small, individual owned environmental consulting firm in Irvine, CA. The firm was established in March 1998 by Keeton K. Kreitzer. Prior to establishing Keeton Kreitzer Consulting, Mr. Kreitzer was the owner and principal of Environmental Perspectives from 1984 to 1997 and served as an Associate with David Evans and Associates, Inc., for one year (March 1997 through March 1998) at which Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 15 y LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO time he reentered the consulting arena as an independent consultant specializing in environmental planning and analysis. Mr. Kreitzer has conducted environmental analysis for a myriad of projects throughout southern California. A partial list and description of these projects is presented below. Portola Hills Residential Conversion Draft EIR, Orange County, CA Mr. Kreitzer served as project manager for the preparation of the Draft EIR for the Portola Hills project that included a General Plan Amendment and Zone Change on property designed for a major business park and commercial center. The applicant requested a tentative tract map approval for over 600 dwelling units and a park on a 245 -acre property that was located within a Natural Communities Conservation Program sub -region. Significant issues analyzed in the Draft EIR included land use and relevant planning, population and housing, traffic and circulation, noise associated with EI Toro MCAS the provision of adequate public services and facilities, and biological resources. Marblehead - Coastal Local Coastal Program, San Clemente, CA The Marblehead - Coastal LCP was recently approved by the City of San Clemente (August 1998). The environmental analysis conducted for this last major coastal project in the City required extensive technical analysis in the areas of traffic and circulation, biological resources, hydrology and water quality and noise and air quality. The applicant proposed the development of approximately 60 acres of regional commercial along the 1-5 corridor. In addition, the majority of the remainder of the property included nearly 500 single-family residential dwelling units. Other land uses proposed for the site were a 10 -acre public park, a 2.5 -acre habitat preservation area, 1 -acre coastal serving commercial site, and public and private open space. The Draft EIR analyzed a full range of issues, including the consistency of the project with the City's Local Coastal Program. Mr. Kreitzer provided extensive coordination between the City, the applicant, the applicant's planner and several responsible agencies (i.e., California Department of Fish and Game, U.S. Fish and Wildlife Service„ etc.). Newport Banning Local Coastal Program, Orange County, CA Keeton Kreitzer Consulting has been selected to prepare the Draft Program EIR for the Newport Banning LCP. This 412 -acre coastal project proposes the development of approximately 1,700 mixed residential dwelling units, a coastal inn, visitor -serving commercial, a potential school site, public and private open space, and wetlands restoration. Although the County of Orange is the "lead agency', a portion of the site is within the City of Newport Beach corporate limits and the City will play an important role in the planning and environmental review processes. Several technical studies must be completed in order to adequately evaluate this significant project in the County and City of Newport Beach. These studies include soils and geology, traffic and circulation, noise, air quality, biological resources, cultural and scientific resources, and aesthetics. Mr. Kreitzer will be responsible for complete project management and preparation of the Draft Program EIR that will be considered by both the County of Orange and City prior to each agency taking action on the project. VII. RESPONSIBILITY OF THE CITY OF SAN JUAN CAPISTRANO The following information shall be provided to KKC by the City of San Juan Capistrano and/or Project Applicant in order to complete the analysis described in this proposal. Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 16 LA NOVIA AVENUE BRIDGE WIDENING PROJECT -SAN JUAN CAPISTRANO 1. A complete description of the proposed improvements to the La Novia Bridge widening project. 2. Exhibits illustrating the existing site and proposed improvements. 3. Engineering Plans and Specifications, including cross-sections (as determined necessary by the City of San Juan Capistrano). 4. All previous environmental documents prepared for the proposed project, or in the vicinity of the proposed project, including but not limited to: Phase I and II Assessments, hydrology and water quality assessments, soils and geology, biological assessment, cultural/scientific resource surveys, etc. 5. Existing topographic map. 6. Aerial photograph (if available). 7. All other pertinent information related to the proposed project. VIII. STATEMENT OF OFFERITERMS OF AGREEMENT KKC is prepared to begin work on this project immediately upon execution of the contract. You may be assured that should we be selected to provide the environmental services described in this proposal, we shall devote our full resources to the project and will approach it with the highest degree of enthusiasm, objectivity, and professionalism. KKC will perform all work described in this proposal for a budget of $109,268.00. This offer is valid for a period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions made on the scope of the project. Should the scope change significantly, necessitating a change to the work program, we will contact you immediately and amend both the scope of services and budget accordingly. Offer Presented By Keeton K. Kreitzer, Principal KEETON KREITZER CONSULTING Date: January 18, 2005 Proposal for Environmental Consulting Services La Novia Avenue Bridge Widening - San Juan Capistrano January 18, 2005 17 • Keeton Kreitzer Consulting Schedule of Fees Attendance at Public Hearings Project Management/Coordination Report Preparation Research and Analysis Graphics Administration/Word Processing Printing and Reproduction Postage and Supplies Effective January 7, 2004 $105.00 $ 90.00 $ 75.00 $ 60.00 $ 50.00 $ 35.00 Cost + 10% Cost + 10% EXHIBIT "B", PAYMENT FOR SERVICES Lallovia Bridge Widening, Environmental Impact Report (EIR) Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed one -hundred and nine -thousand, two -hundred and sixty-eight dollars and no cents ($109,268.00). 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 It. 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 as stated above. 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 (75%) 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. 8. One -hundred percent (100°/x) cumulative of the total contract amount shall be paid to CONSULTANT within thirty (30) days of submission of the final Environmental Impact Payment for Services Lallovia Bridge Widening -2- Exhibit B Report (EIR) to the CITY and upon demand by CONSULTANT. (P:\Planning\Plan Shared\CEQA Forms\CEQA-EIR-PaymenlforSewices.wpd) Contract Amount $109,268 Maximum Cumulative Maximum Cumulative Project Milestone Percentage Payment Payment Following completion of the Notice of Preparation (NOP) process, scoping meeting, and submission of the EIR project description. 10% $10,927 During preparation and submission of the technical reports and during preparation the screencheck draft EIR 50% $54,634 Following submission of the EIR project alternatives section. 65% $71,024 Following submission of a complete screencheck draft EIR. 75% $81,951 Following submission of the draft EIR 85% $92,878 During the public review period on the Draft EIR 90% $98,341 Following the submission of draft responses to comments on the Draft EIR, Findings of Fact, and the Mitigation Monitoring Program (MMP), and if applicable, the Statement of Overriding Considerations. 95% $103,805 Following submission of the Final EIR. 100% $109,268 (P:\Planning\Plan Shared\CEQA Forms\CEQA-EIR-PaymenlforSewices.wpd) CITY CLERK'S DEPARTMENT - ACTION REMINDER TO: Lynnette Adolphson, Management Analyst II FROM: Christy Swanson, Secretary DATE: June 1, 2006 SITUATION: On February 28, 2005, the City of San Juan Capistrano entered into a Personal Services Agreement with Keeton Kreitzer Consulting to prepare an Environmental Impact Report for "Capital Improvement Project, La Novia Bridge Widening." ACTION REQUESTED: Said agreement states services shall be completed by June 30, 2006. Please notify this office if agreement has been completed or will be extended. ACTION TO BE TAKEN: �d 04k DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: %75 il/�f/K( �/�t0//)✓ DATE SIGNED: d ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/09/06 Deadline Date: 06/30/06 cc: Department Head (600.30/keeton 3) 0 32400 PASEO ADELANTO SAN JUAN CAPRSTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX www"sanjuancapistrano. org March 3, 2005 Keeton Kreitzer Consulting 17782 East 17th Street, Ste 106 Tustin, CA 92780-1947 Dear Sir or Madam: MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN Enclosed is an executed, original professional services agreement related to preparation of an environmental impact report for the La Novia Bridge Widening project. Thank you for maintaining current documentation of you compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the Project Manager, Lynnette Adolphson, Management Analyst II, (949) 443-6324. Yours truly, v � Meg-Mon$han, CMC Agreement cc: Lynnette Adolphson, Management Analyst II Finance San Juan Capistrano: Preserving the Past to Enhance the Future