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07-0130_HODGE & ASSOCIATES_Agreement Amd
0 0 AMENDATORY AGREEMENT �� This Amendatory Agreement is made this day ofry, 2008, by and between the City of San Juan Capistrano, hereinafter referred to as "CITY" and Hodge and Associates, hereinafter referred to as "CONSULTANT". Whereas, CITY and CONSULTANT entered into an agreement dated January 30, 2007: to retain services of Consultant to prepare the CEQA documentation for the proposed Villa Montana Apartment project. Whereas, CITY and CONSULTANT has not yet completed the services, and the CITY and CONSULTANT hereby desire to extend the term of the agreement to December 31, 2008. NOW, THEREFORE BE IT RESOLVED between CITY and CONSULTANT as follows: Section 1. Section 2. (Term) is hereby amended to read as follows: "This agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than December 31, 2008." Section 2. Section 3. (Compensation) is hereby amended to read as follows: "Total compensation for the scope of services for this Project shall not exceed one hundred eleven thousand, seven -hundred and forty dollars and no cents ($111,740.00)" Section 3. All other terms and conditions of said agreements shalt remain in full force and effect. CITY OF SAN JUAN CAPISTRANO Dave Adams, City Manager HODGE AND ASSOCIATES `` By: `� , � �J 0 9 PERSONAL SERVICES AGREEMENT d^'" THIS AGREEMENT is made and entered into this �'day of January, 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Hodge & Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare the CEQA documentation for the proposed Villa Montana Apartment Project; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Tenn. 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. Section 3. Compensation. 3.1 Amount. Compensation for the scope of services for assigned development project management related to work which is reimbursable by developer deposits under this Agreement shall be billed for hours worked per the fees set forth in Exhibit "A", attached and incorporated herein by reference. Total compensation for work performed shall not exceed One Hundred Five Thousand, One Hundred Forty Dollars ($105,140.00). SV 0 0 3.2 Rate Schedule. The services shall be billed to the City for services performed per the fees set forth in Exhibit "A", 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 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 for approval by the City. The City will pay monthly 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. 2 0 0 Section 6. Chances 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; and (2) 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 Worts 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. fc3 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any penton or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one personlany 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: 4 0 0 $100,000 property damage; $100,000 injury to one person/any one occurrence/not limited to contractual period; $100,000 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 maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, 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. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 61 0 0 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Planning Director To Consultant: Hodge & Associates Attn: Cheryle L. Hodge 24040 Camino Del Avion, #A247 Monarch Beach, CA 92629 Section 17. Attomeys' 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"). C 0 0 Section 19. Entire Aureement. 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: AS TO FORM: John R Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO By: David F. Adams, City Manager HODGE & ASSOCIATES By: QJ Cheryle L. flodge, President ri 0 0 HODGE & ASSOCIATES Environmental and Land Use Planning 24040 Camino Del Avion, #A247, Monarch Beach, California 92629 (949)661-6488 December 13, 2006 Ms. Lynnette Adolphson, Management Analyst II City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Scope of Work and Budget for Preparation of CEQA documentation for the proposed Villa Montana Apartment Project. Dear Ms. Adolphson: Hodge & Associates (HAA) is pleased to submit a scope of work and budget for the completion of the preparation and processing of an Environmental Impact Report (EIR) to the City of San Juan Capistrano for the proposed Villa Montana Apartment Project. The CEQA process for the preparation of the project EIR commenced in May 2005. Since May 2005, Hodge & Associates has been providing CEQA services relative to the project under a sub -contract agreement with Lawrence Associates. At this time, we are requesting that the scope of work and budget to complete the EIR be under direct contract to the City of San Juan Capistrano. To date, approximately $89,171.47 has been paid by Lawrence Associates to Hodge & Associates relative to the EIR process, this amount includes $75,104.75 that Linscott, Law, Greenspan (under contract to Hodge & Associates) has received in relation to conducting a comprehensive traffic analysis. Approximately $14,066.72 was received by Hodge & Associates for environmental services relative to the Notice of Preparation (NOP) for the EIR, attending project meetings and coordination with staff, technical professionals and project representatives. A detailed budget to complete the EIR is attached to this scope of work. The total amount requested to complete the EIR process is a $105,140.00 in addition to the $89,171.47 which has already been paid. The $105,140.00 requested for approval to prepare the EIR also includes $15,500.00 to complete the traffic (which is near completion), air and noise studies ($6,600) and $12,000.00 budgeted for printing and reimbursements. The following provides our company background and qualifications, scope of work and budget to complete the EIR. EXHIBIT A 0 0 Company Background Formed in 1991, HAA emphasizes personalized project management, quality work and excellent communications to ensure project success. HAA has provided professional environmental consultant services previously to public agencies and private clients. We have provided environmental consultant services previously to San Juan Capistrano in addition to other public agencies such as the cities of Aliso Viejo, Anaheim, Buena Park, Fountain Valley, Mission Viejo, Newport Beach, Tustin, Westminster, County of Orange, County of Riverside, Corona, Murrieta Valley Unified School District, and Citrus Community College District. Our project references are attached to this proposal. Cheryle Hodge, President and Owner of Hodge & Associates, has direct experience preparing and processing environmental documentation for residential projects. HAA also maintains an acute working knowledge of current legal requirements and has the demonstrated ability to effectively interpret and apply them to circumstances of individual projects. We also maintain an outstanding reputation for a high degree of professionalism in producing thorough, objective environmental analyses. Hodge & Associates is a sole proprietorship business located at 24040 Camino del Avion, A247, Monarch, Beach, California 92629. Hodge & Associates employs one full time professional staff member, Cheryle L. Hodge. Additional support staff services are regularly associated with Hodge & Associates on an independent basis including planning support services, word processing, graphics, and general office duties. Upon determination that special expertise in a given discipline is required for a project, HAA will subcontract the services to be provided by technical professionals (i.e., traffic, noise and air quality assessments). HAA anticipates subcontracting for technical support including preparation of a traffic analysis, air quality and noise studies. Cheryle L. Hodge will continue serve as the Project Manager and will be directly involved in the preparation and processing of the EIR and will serve as the liaison to the City of San Juan Capistrano staff. Ms. Hodge will be responsible for the writing of the CEQA documentation. The resume and CEQA project experience of Cheryle Hodge provided in the appendix of this proposal. Technical Expertise Our scope of work includes the completion of the preparation of a traffic analysis, noise and air quality studies. All other required technical studies (i.e. previous studies such as geology, hydrology etc.), including project design plans to be utilized for preparation of the Environmental Impact Report will be provided to us by the City and the project applicant. Traffic Analysis — Linscott, Law & Greenspan Engineers (LLG) is preparing a comprehensive traffic analysis for the proposed project. The traffic analysis has already been underway and is near completion. The traffic study will be prepared pursuant to the City of San Juan Capistrano Administrative Policy 310, Preparation and Use of Traffic Reports. Page 2 of 5 0 Air Quality & Noise Assessments — Mestre Greve Associates (MGA) will prepare an air quality study and a noise study for the proposed project. MGA has extensive experience preparing air quality and noise assessments and has prepared studies for projects located in San Juan Capistrano. Based upon our understanding of the proposed project, Hodge & Associates submits the following scope of work and budget: Brief Description of the Proposed Project The Whispering Hills Apartments project site is a 4 -acre parcel of land generally located along the west side of La Pata Road, north of the roadway that also provides access to the future San Juan Hills High School (under construction) and Whispering Hills Estates. The proposed project involves the development of up to 163 apartments with a below market rate component. The proposed project will require approval of an amendment to the City's General Plan, amendment to the Whispering Hills Planned Community (Land Use Element Map), and amendment to the City's Municipal Code (Title 9), Affordable Housing Implementation Agreement, and a Vesting Tentative Tract Map. Scope of Work The following identifies the tasks associated with the preparation, processing, and management of the EIR for the project: — This task has been previously completed by HAA. Task 2 — Meetings —HAA will attend meetings held with City committees and commissions. These meetings would be held to provide an introduction of the project and solicit early input regarding project questions and issues. This task also includes attending project team meetings held with City staff. Products: A. Attend meetings. Task 3 — Screencheck EIR - HAA will prepare a Screencheck EIR (SCEIR), which will include all EIR contents required in compliance with CEQA and the CEQA Guidelines. The written text will be supplemented with graphics and summary tables to present the information in a concise and easily understood format. It is anticipated that the SCEIR will incorporate the technical studies currently being prepared for the project. HAA will also prepare a Mitigation Monitoring & Reporting Plan that meets the requirements of CEQA Section 21081.6 for mitigation measures included in the EIR. Products: A. 10 Copies of the SCEIR. Task 4 — Draft EIR — HAA will prepare a preliminary Draft EIR that incorporates comments received from Lawrence Associates and City staff during review of the SCEIR. It is Page 3 of 5 0 0 anticipated that the Preliminary Draft EIR would be a final review prior to the Draft EIR being published for a 45 -day public review period. HAA will prepare a Draft EIR in compliance with CEQA and the CEQA Guidelines and Notice of Completion. HAA will prepare all notices, including the Notice of Completion and the distribution list for the Draft EIR. HAA will confirm the distribution list for the DEIR with Lawrence Associates and City staff. The list will include IS/NOP recipients plus other entities commenting during the NOP process. HAA will also prepare all public notices required for the EIR in compliance with CEQA and the CEQA Guidelines. Distribution responsibility for the DEIR will be as for the IS/NOP. Pursuant to State law (CEQA), the Draft EIR will be subject to a 45 -day public review period. Products: A. Preliminary DEIR - 5 Copies, 1 reproducible original, 1 digital copy B. DEIR 60 copies, 1 reproducible original, 1 digital copy Task 5 — Final EIR/Response to Comments — HAA will prepare a Final EIR that will contain responses to comments received in writing. Draft of responses to all comments submitted to the City on the Draft EIR in compliance with CEQA Guidelines Section 15088 will be prepared and provided to the staff for review. The Response to Comments document will be distributed to all public agencies who comment on the Draft EIR at least 10 -days prior to anticipated City Council action on the EIR in compliance with CEQA (Public Resources Code) Section 21092.5. The Final EIR will include the Draft EIR, any changes to the Draft EIR, NOC, Mitigation Monitoring & Reporting Program (Matrix), IS/NOP, comment letters and response to comment letters. HAA will prepare draft EIR Findings for City Council certification of the EIR. Pursuant to State law (CEQA), HAA will also prepare a Statement of Overriding Considerations for the project if required (i.e. for any environmental impacts that can not be fully mitigated). Products: A. Response to Comment Letters — 1 original and 1 digital copy B. Final EIR — 25 copies and 1 digital copy Task 6 — Public Hearings — HAA will attend and assist the City staff with the presentation and questions and answers at the public hearing. Products: A. Public Hearing(s) — Up to three public hearings Task 7 — Notice of Determination — HAA will prepare and file the Notice of Determination (NOD) with the State Clearinghouse (OPR) and County. HAA will also coordinate with the City staff to assure the timely filing of the Notice of Determination. The NOD will be filed with the State Clearinghouse and County within five days of EIR certification in compliance with CEQA. Products: A. Notice of Determination Page 4 of 5 0 0 Performance Schedule HAA is available to commence work on the project immediately upon written start work authorization from the Client. It is anticipated that the EIR preparation and processing can be completed City action on project EIR) within four to five months. A preliminary CEQA processing schedule is presented in the appendix of this proposal. The schedule will be dependent on preparation of technical studies and City staff review of documents. Cost Proposal Our detailed budget is presented in the appendix of this scope of work. The total not -to - exceed amount requested to complete the EIR process is $105,140.00. This amount requested for approval is in addition to the $89,171.47 which has already been paid in relation to the preparation of the traffic analysis, Notice of Preparation, and attendance at meetings. Insurance Coverage Hodge & Associates maintains current insurance coverage (i.e. General Liability, Professional Liability — Errors & Omissions, and Automobile Coverage etc.) that meets the requirements public agencies. Conclusion Thank you in advance for your consideration of our proposal. We are available to meet with you to discuss our proposal and/or answer any questions you may have regarding the CEQA process. We can be reached at our office (949) 661-6488 or cellular (714) 329- 3838. Sincerely, Cheryle L. Hodge, President HODGE & ASSOCIATES Page 5 of 5 HODGE & ASSOCIATES COMPENSATION The following table summarizes the budget proposal for providing consultant services consisting of preparation and processing of an Environmental Impact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) for the proposed Whispering Hills Apartments Project. Task Task Description Staff Hours Cost 1 Initial Study/Notice of (Completed) Preparation 2 Meetings Project Manager/$120 hr/60 hrs $7,200.00 3 Screencheck EIR Project Manager/$120 hr/290 hrs $35,400.00 4 Draft EIR Project Manager/$120 hr/130 hrs $15,600.00 5 Final EIR/Response to Project Manager/$120 hr/90 hrs $10,800.00 Comments 6 Public Hearings Project Manager/$120 hr/14 hrs $1,680.00 7 Notice of Determination Project Manager/$120 hr/3 hrs $360.00 SUB -TOTAL $ 71,040.00 Direct Costs Reimbursable - Printing, Postage, Auto mileage etc. $12,000.00 Technial Studies: $22,100.00 Traffic Analysis ($15,500.00) Air/Noise Studies ($6,660.00) "Not To Exceed" Total xlos.tao.00 0 0 CITY CLERK'S DEPARTMENT - ACTION REMINDER Nc '; l ( c SECON© REU�(�( TO: Lynnette Adolphson, Management Analyst II ZI Zv FROM: Christy Swanson, SaGretaryk)01l r-,. ATE: December 1, 2007 SITUATION: On January 30, 2007, the City of San Juan Capistrano entered into a Personal Services Agreement with Hodge & Associates to provide consulting services for Villa Montana Apartment Project. ACTION REQUESTED: Said Agreement states services shall be completed by December 31, 2007. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: A49 e2c� P07 IFOIX'JCtzj(�- SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: VR9. 1-1-1 1'V ! ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 12/01/07 Deadline Date: 12/31/07 (600.30/hodge) acn.G giw�Pn a:' -A 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www. sanjuancapistrano. org TRANSMITTAL TO: Cheryl Hodge Hodge & Associates 24040 Camino del Avion #A247 Monarch Beach, CA 92629 DATE: April 1, 2008 Jin � RIIAIAIIAfA 1 fS1A1pSA11 I 1961 1776 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Amendatory Agreement — Villa Montana CEQA MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Thank you for maintaining 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 William Ramsey, Principal Planner(949)443-6334. An original amendatory agreement is enclosed for your records. Cc: William Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed.. 100% regdetl paper 0 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493.1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: VAN* lam OUT a fSTMUSI(I 1961 1776 MEMBERS OF THE CITY COUNCIL Hodge & Associates 24040 Camino Del Avion #A247 Monarch Beach, CA 92629 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Personal Services Agreement: Prepare CEQA documentati for Vill Montana Apartment project — REPLACEMENT AGREEMENT SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO An original, executed agreement is enclosed accompanied by a letter to Cheryle Hodge from Lynnette Adolphson, Management Analyst II, (January 31, 2007) advising that the enclosed agreement replaces a previously issued agreement (dated January 15, 2007). You may proceed with work under this agreement in coordination with Lynnette Adolphson, Management Analyst II, (949) 443-6324. Thank you, CC: Lynnette Adolphson, Management Analyst II; Administrative Services San Juan Capistrano: Preserving the Past to Enhance the Future 4101P Printetl on 100% recycled paper U 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAX vvww sanplancapistrano, or g January 31, 2007 Ms. Cheryle Hodge Hodge & Associates 24040 Camino del Avion, #A247 Monarch Beach, CA 92629 1���,,yy' IA(OAVAAARA fsfAAu5AfI 1961 1776 MEMBERS OF THE CITY COUNCIL Subject: Personal Services Agreement Dated January 15, 2007 (Villa Montana CEQA Documentation) Dear Cheryle: SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO Please be advised that the above -referenced agreement has been terminated effective immediately. As you know, I inadvertently deleted the City's insurance requirements, and a new agreement has been prepared to include the insurance provisions, including the automobile insurance coverage amount we discussed. The City Clerk's office will mail you a fully -executed agreement. I apologize for any inconvenience this may have caused. If you have any questions, please feel free to call me at (949) 443-6324. Sincerely, 6 at Q�61� Management Analyst II cc: Meg Monahan, City Clerk San Juan Capistrano: Preserving the Past to Enhance the Future 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493.1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: • nrRunn I IAI9�61rs' 1776 Hodge & Associates Attn: Cheryle K. Hodge 24040 Camino Del Avion, #A247 Monarch Beach, CA 92629 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 RE: Personal Services Agreement: CEQA documentation for Apartments a An original, executed agreement is enclosed for your records. Please coordinate work under this agreement with Lynnette Adolphson, Management Analyst Il, (949) 443-6324. CC: Lynnette Adolphson, Management Analyst II; Finance San Juan Capistrano: Preserving the Past to Enhance the Future 0 Primed on 100%recycletl paper PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this� � day of January, 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Hodge & Associates (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare the CEQA documentation for the proposed Villa Montana Apartment Project; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than December 31, 2007. Section 3. Compensation. 3.1 Amount. Compensation for the scope of services for assigned development project management related to work which is reimbursable by developer deposits under this Agreement shall be billed for hours worked per the fees set forth in Exhibit "A", attached and incorporated herein by reference. Total compensation for work performed shall not exceed One Hundred Five Thousand, One Hundred Forty Dollars ($105,140.00). 0 • 3.2 Rate Schedule. The services shall be billed to the City for services performed per the fees set forth in Exhibit `A", 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 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 for approval by the City. The City will pay monthly 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 Subcontractina and Assianment. 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. VA 0 • Section 6. Changes to Scone 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; and (2) 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, odes 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, contusions, 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. 0 • Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14a. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 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: ME 0 • $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period, $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City=s General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, 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. Consultant shall not receive any compensation until all insurance provisions have been satisfied. -4a- 0 • 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 14b. 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 15. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto. San Juan Capistrano, CA 92675 Attn: Planning Director To Consultant: Hodge & Associates Attn: Cheryle L. Hodge 24040 Camino Del Avion, #A247 Monarch Beach, CA 92629 Em 0 • Section 16. 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 17. 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 18. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: R. Monahan, TOTEM John R. Shaw, City Attorney CITY OF SAN JUAN CAPISTRANO By: e� -E OZA>-� David F. Adams, City Manager HODGE & ASSOCIATES By: L, L -f —� Cheryle C Hodge, President 5 0 • HODGE & ASSOCIATES Environmental and Land Use Planning 24040 Camino Del Avion, #A247, Monarch Beach, California 92629 (949)661-6488 December 13, 2006 Ms. Lynnette Adolphson, Management Analyst II City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 RE: Scope of Work and Budget for Preparation of CEQA documentation for the proposed Villa Montana Apartment Project. Dear Ms. Adolphson: Hodge & Associates (HAA) is pleased to submit a scope of work and budget for the completion of the preparation and processing of an Environmental Impact Report (EIR) to the City of San Juan Capistrano for the proposed Villa Montana Apartment Project. The CEQA process for the preparation of the project EIR commenced in May 2005. Since May 2005, Hodge & Associates has been providing CEQA services relative to the project under a sub -contract agreement with Lawrence Associates. At this time, we are requesting that the scope of work and budget to complete the EIR be under direct contract to the City of San Juan Capistrano. To date, approximately $89,171.47 has been paid by Lawrence Associates to Hodge & Associates relative to the EIR process, this amount includes $75,104.75 that Linscott, Law, Greenspan (under contract to Hodge & Associates) has received in relation' to conducting a comprehensive traffic analysis. Approximately $14,066.72 was received by Hodge & Associates for environmental services relative to the Notice of Preparation (NOP) for the EIR, attending project meetings and coordination with staff, technical professionals and project representatives. A detailed budget to complete the EIR is attached to this scope of work. The total amount requested to complete the EIR process is a $105,140.00 in addition to the $89,171.47 which has already been paid. The $105,140.00 requested for approval to prepare the EIR also includes $15,500.00 to complete the traffic (which is near completion), air and noise studies ($6,600) and $12,000.00 budgeted for printing and reimbursements. The following provides our company background and qualifications, scope of work and budget to complete the EIR. EXHIBIT A Company Background Formed in 1991, HAA emphasizes personalized project "management, quality work and excellent communications to ensure project success. HAA has provided professional environmental consultant services previously to public agencies and private clients. We have provided environmental consultant services previously to San Juan Capistrano in addition to other public agencies such as the cities of Aliso Viejo, Anaheim, Buena Park, Fountain Valley, Mission Viejo, Newport Beach, Tustin, Westminster, County of Orange, County of Riverside, Corona, Murrieta Valley Unified School District, and Citrus Community College District. Our project references are attached to this proposal. Cheryle Hodge, President and Owner of Hodge & Associates, has direct experience preparing and processing environmental documentation for residential projects. HAA also maintains an acute working knowledge of current legal requirements and has the demonstrated ability to effectively interpret and apply them to circumstances of individual projects. We also maintain an outstanding reputation for a high degree of professionalism in producing thorough, objective environmental analyses. Hodge & Associates is a sole proprietorship business located at 24040 Camino del Avion, A247, Monarch, Beach, California 92629. Hodge & Associates employs one full time professional staff member, Cheryle L. Hodge. Additional support staff services are regularly associated with Hodge & Associates on an independent basis including planning support services, word processing, graphics, and general office duties. Upon determination that special expertise in a given discipline is required for a project, HAA will subcontract the services to be provided by technical professionals (i.e., traffic, noise and air quality assessments). HAA anticipates subcontracting for technical support including preparation of a traffic analysis, air quality and noise studies. Cheryle L. Hodge will continue serve as the Project Manager and will be directly involved in the preparation and processing of the EIR and will serve as the liaison to the City of San Juan Capistrano staff. Ms. Hodge will be responsible for the writing of the CEQA documentation. The resume and CEQA project experience of Cheryle Hodge provided in the appendix of this proposal. Technical Expertise Our scope of work includes the completion of the preparation of a traffic analysis, noise and air quality studies. All other required technical studies (i.e. previous studies such as geology, hydrology etc.), including project design plans to be utilized for preparation of the Environmental Impact Report will be provided to us by the City and the project applicant. Traffic Analysis — Linscott, Law & Greenspan Engineers (LLG) is preparing a comprehensive traffic analysis for the proposed project. The traffic analysis has already been underway and is near completion. The traffic study will be prepared pursuant to the City of San Juan Capistrano Administrative Policy 310, Preparation and Use of Traffic Reports. Page 2 of 5 Air Quality & Noise Assessments — Mestre Greve Associates (MGA) will prepare an air quality study and a noise study for the proposed project. MGA has extensive experience preparing air quality and noise assessments and has prepared studies for projects located in San Juan Capistrano. Based upon our understanding of the proposed project, Hodge & Associates submits the following scope of work and budget: Brief Description of the Proposed Project The Whispering Hills Apartments project site is a 4 -acre parcel of land generally located along the west side of La Pata Road, north of the roadway that also provides access to the future San Juan Hills High School (under construction) and Whispering Hills Estates. The proposed project involves the development of up to 163 apartments with a below market rate component. The proposed project will require approval of an amendment to the City's General Plan, amendment to the Whispering Hills Planned Community (Land Use Element Map), and amendment to the City's Municipal Code (Title 9), Affordable Housing Implementation Agreement, and a Vesting Tentative Tract Map. Scope of Work The following identifies the tasks associated with the preparation, processing, and management of the EIR for the project: — This task has been previously completed by HAA. Task 2 — Meetings —HAA will attend meetings held with City committees and commissions. These meetings would be held to provide an introduction of the project and solicit early input regarding project questions and issues. This task also includes attending project team meetings held with City staff. Products: A. Attend meetings. Task 3 — Screencheck EIR - HAA will prepare a Screencheck EIR (SCEIR), which will include all EIR contents required in compliance with CEQA and the CEQA Guidelines. The written text will be supplemented with graphics and summary tables to present the information in a concise and easily understood format. It is anticipated that the SCEIR will incorporate the technical studies currently being prepared for the project. HAA will also prepare a Mitigation Monitoring & Reporting Plan that meets the requirements of CEQA Section 21081.6 for mitigation measures included in the EIR. Products: A. 10 Copies of the SCEIR. Task 4 — Draft EIR — HAA will prepare a preliminary Draft EIR that incorporates comments received from Lawrence Associates and City staff during review of the SCEIR. It is Page 3 of 5 0 • anticipated that the Preliminary Draft EIR would be a final review prior to the Draft EIR being published for a 45 -day public review period. HAA will prepare a Draft EIR in compliance with CEQA and the CEQA Guidelines and Notice of Completion. HAA will prepare all notices, including the Notice of Completion and the distribution list for the Draft EIR. HAA will confirm the distribution list for the DEIR with Lawrence Associates and City staff. The list will include IS/NOP recipients plus other entities commenting during the NOP process. HAA will also prepare all public notices required for the EIR in compliance with CEQA and the CEQA Guidelines. Distribution responsibility for the DEIR will be as for the IS/NOP. Pursuant to State law (CEQA), the Draft EIR will be subject to a 45 -day public review period. Products: A. Preliminary DEIR - 5 Copies, 1 reproducible original, 1 digital copy B. DEIR 60 copies, 1 reproducible original, 1 digital copy Task 5 — Final EIR/Response to Comments — HAA will prepare a Final EIR that will contain responses to comments received in writing. Draft of responses to all comments submitted to the City on the Draft EIR in compliance with CEQA Guidelines Section 15088 will be prepared and provided to the staff for review. The Response to Comments document will be distributed to all public agencies who comment on the Draft EIR at least 10 -days prior to anticipated City Council action on the EIR in compliance with CEQA (Public Resources Code) Section 21092.5. The Final EIR will include the Draft EIR, any changes to the Draft EIR, NOC, Mitigation Monitoring & Reporting Program (Matrix), IS/NOP, comment letters and response to comment letters. HAA will prepare draft EIR Findings for City Council certification of the EIR. Pursuant to State law (CEQA), HAA will also prepare a Statement of Overriding Considerations for the project if required (i.e. for any environmental impacts that can not be fully mitigated). Products: A. Response to Comment Letters — 1 original and 1 digital copy B. Final EIR — 25 copies and 1 digital copy Task 6 — Public Hearings — HAA will attend and assist the City staff with the presentation and questions and answers at the public hearing. Products: A. Public Hearing(s) — Up to three public hearings Task 7 — Notice of Determination — HAA will prepare and file the Notice of Determination (NOD) with the State Clearinghouse (OPR) and County. HAA will also coordinate with the City staff to assure the timely filing of the Notice of Determination. The NOD will be filed with the State Clearinghouse and County within five days of EIR certification in compliance with CEQA. Products: A. Notice of Determination Page 4 of 5 0 • Performance Schedule HAA is available to commence work on the project immediately upon written start work authorization from the Client. It is anticipated that the EIR preparation and processing can be completed City action on project EIR) within four to five months. A preliminary CEQA processing schedule is presented in the appendix of this proposal. The schedule will be dependent on preparation of technical studies and City staff review of documents. Cost Proposal Our detailed budget is presented in the appendix of this scope of work. The total not -to - exceed amount requested to complete the EIR process is $105,140.00. This amount requested for approval is in addition to the $89,171.47 which has already been paid in relation to the preparation of the traffic analysis, Notice of Preparation, and attendance at meetings. Insurance Coverage Hodge & Associates maintains current insurance coverage (i.e. General Liability, Professional Liability — Errors & Omissions, and Automobile Coverage etc.) that meets the requirements public agencies. Conclusion Thank you in advance for your consideration of our proposal. We are available to meet with you to discuss our proposal and/or answer any questions you may have regarding the CEQA process. We can be reached at our office (949) 661-6488 or cellular (714) 329- 3838. Sincerely, Cheryle L. Hodge, President HODGE & ASSOCIATES Page 5 of 5 HODGE & ASSOCIATES COMPENSATION The following table summarizes the budget proposal for providing consultant services consisting of preparation and processing of an Environmental Imyact Report (EIR) in compliance with the California Environmental Quality Act (CEQA) for the proposed Whispering Hills Apartments Project. Task Task Description Staff Hours Cost 1 Initial Study/Notice of (Completed) Preparation 2 Meetings Project Manager/$120 hr/60 hrs $7,200.00 Project Manager/$120 hr/290 hrs $35,400.00 3 Screencheck EIR 4 Draft EIR Project Manager/$120 hr/130 hrs $15,600.00 5 Final EIR/Response to Project Manager/$120 hr/90 hrs $10,800.00 Comments 6 Public Hearings Project Manager/$120 hr/14 hrs $1,680.00 7 Notice of Determination Project Manager/$120 hr/3 hrs $360.00 SUB -TOTAL $ 71,040.00 Direct Costs Reimbursable - Printing, $12,000.00 Postage, Auto mileage etc. Technial Studies: $22,100.00 Traffic Analysis ($15,500.00) Air/Noise Studies ($6,660.00) Sto5.lao.00 "Not To Exceed" Total