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08-0513_KEETON KREITZER CONSULTING_Personal Services Agreement0 • PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _[2_ day of May, 2008, 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 manage the environmental review process and prepare environmental analyses and documentation pursuant to the California Environmental Quality Act for AC 07-017, GPM 07-001 & RZ 07- 002 Koll San Juan and related discretionary and/or legislative land development applications; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2008, 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 forthe scope of services forthis Project shall not exceed fifty-two thousand, three -hundred dollars and no cents ($52,300), as setforth in Exhibit "B," attached hereto and incorporated herein by reference. AC 07-017, GPM 07-001 & RZ 07-002 Koll San Juan Personal Services Agreement 1 of 7 May 2008 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. AG 07-017, GPM 07-001 & RZ 07-002 Koll San Juan Personal Services Agreement 2 of 7 May 2008 0 • 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. AC 07-017, GPM 07-001 & RZ 07-002 Koll San Juan Personal Services Agreement 3 of 7 May 2008 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 shall indemnify, hold harmless, and defend the City, its Council, officers, agents and employees from and against any and all claims and losses, costs or expenses, including but not limited to any damage due to death or injury to any person and/or injury or damage to any property resulting from any act or omission of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fees. Notwithstanding any other provision of this section 13, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless, but not defend City, its Council, officers, agents and employees from and against any damage, liability, loss, cost or expense, which arise out of claim, court action, or administrative proceeding challenging City approval of the project for which Consultant is preparing the environmental documents, if it is determined by a court action having jurisdiction that Consultant or any of its agents, employees, or subcontractors negligently performed its services under this agreement. Consultant's obligation to indemnify the City shall include reasonable attorney fees and costs. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A -Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; AC 07-017, GPM 07-001 & RZ 07-002 Koll San Juan Personal Services Agreement 4 of 7 May 2008 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 Cance Ilation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until afterthirty (30) days' written notice is given to City, exceptthat ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. AC 07-017, GPM 07-001 & RZ 07-002 Koll San Juan Personal Services Agreement 5 of 7 May 2008 0 0 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano Attn: Director of Administrative Services 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Consultant: Keeton Kreitzer, Principal Keeton Kreitzer Consulting 17291 Irvine Boulevard, #305 Tustin. CA 92780 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. AC 07-017, GPM 07-001 & RZ 07-002 Koll San Juan Personal Services Agreement 6 of 7 May 2008 0 ! Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: �k Dave Adams, City Manager KEETON KREITZER CONSULTING On Keeton Kreitzer, Principal ATTEST: City Clerk AS TO FORM: Omar Sandoval, City Attorney Exhibits: Exhibit A, Scope of Work. Exhibit B, Payment for Services. Exhibit C, Rate Schedule. AC 07-017, GPM 07-001 & RZ 07-002 Koll San Juan Personal Services Agreement 7 of 7 May 2008 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES ARCHITECTURAL CONTROL (AC) 06-17, KOLL SAN JUAN PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES KOLL SAN JUAN ARCHITECTURAL CONTROL (AC) 0617 SAN JUAN CAPISTRANO, CA SCOPE OF SERVICES I. WORK PROGRAM A work program has been developed in response to the City's Request for Proposal (RFP) 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. As indicated in the RFP, the scope of work identified in this work program responds to the City's desire to conduct a preliminary environmental analysis in the form of an initial study (IS) in order to determine if adequate mitigation measures can be provided to reduce project -related impacts to a less than significant level or, if such measures cannot be identified at this preliminary stage, the need to conduct subsequent environmental analysis in the form of a Draft Environmental Impact Report (DEIR). The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this proposal related to the preparation of the initial study includes: (1) the provision of competent, effective environmental analysis project management; (2) competent peer review of technical studies; (3) preparation of the environmental documentation (i.e., initial study/mitigated negative declaration); (4) processing of the environmental documentation and public participation; (5) preparation of the final environmental document; and (6) preparation of CEQA notices. These 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). 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, the applicant's consultants (if determined necessary), and project representatives deemed necessary to provide direction in the planning and environmental review process for the proposed project. Topics of discussion will include the definition of the project description, identification of responsible agencies and sources of information, and the project schedule. Two subsequent meets are included in this task as well as project management and coordination with City staff, project technical consultants, and responsible agencies, if determined necessary. 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 attendance at up to two (2) meetings with City staff as indicated above. Estimated Time Frame: As Required Estimated Budget: $3,600.00 EXHIBIT A 0 n U PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES ARCHITECTURAL CONTROL (AC) 06-17, KOLL SAN JUAN Task Two — Sub -Consultant Studies Based on the City's RFP, three technical studies will be prepared to support the analysis presented in the initial study, including: (1) air quality impact analysis; (2) noise impact analysis; and (3) cultural resource analysis (pursuant to City Council Policy 601). In addition, this task will also include a walkover survey by a qualified biologist to document the biological resources. The findings of the walkover survey will be presented in a constraints level assessment. A team of technical consultants has been assembled to address the air quality, noise, and cultural resources issues, including: Air Quality Analysis Mestre Greve Associates Noise Analysis Mestre Greve Associates Cultural Resources Archaeological Resource Management Corporation (ARMC) Biological Resources Glenn Lukos Associates (GLA) Estimate Time Frame: 6 Weeks Estimated Budget: $30,020.00 ($ 8,000.00 —Air Quality Analysis) ($ 8,300.00 — Noise Assessment) ($ 9,160.00 — Cultural/Scientific Resources) ($ 4,560.00 — Biological Constraints Assessment) Other technical studies identified by the City will be provided by the project applicant, including: (1) traffic impact analysis; (2) hydrology analysis/Water Quality Management Plan (WQMP); (3) visual/aesthetic impact analysis (using digitized photo -simulation techniques); and (4) soils and geotechnical report. In addition, other technical studies may also be required to address issues that must be addressed in the environmental analysis, including a Phase I Environmental Site Assessment (ESA). If determined necessary, the applicant or applicant's representative shall submit these studies to KKC for incorporation into the environmental analysis for the Koll San Juan project. Task Three — Preparation of the Preliminary Draft Initial Study KKC will be responsible for the preparation of the initial study for the proposed Koll San Juan project. Based on a review of the State CEQA Guidelines, the proposed project is neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA review. In order to qualify for a (Mitigated) Negative Declaration, the initial study must necessarily be extensive and thorough. Each of the topics identified on the City's environmental assessment form or, if desired by the City, on the State CEQA Guidelines will be analyzed to document the nature and extent of any potential environmental consequences (and the need for mitigation). The specific purpose of the analysis will be to document the potentially adverse environmental impacts associated with the proposed office project and identify potential mitigation measures that would assure that no significant impacts will occur as a result of project implementation. As reflected above and in the work program, KKC has presented a scope of work for the preparation of an Initial Study (IS), which leads to a determination that the project qualifies either for a Mitigated Negative Declaration (MND) or will require the preparation of a Draft EIR. When completed, the proposed IS will be submitted to the City of San Juan Capistrano for review and comment. Estimated Time Frame: 8 Weeks Estimated Budget: $10,560.00 Task Four — Preparation of the Draft Initial Study KKC will revise the initial study based on the comments made by City staff. If the analysis conducted for the proposed project concludes that the potentially significant adverse impacts can be mitigated, KKC will prepare the Draft IS/MND for distribution and public comment. Once completed, the Draft document will 1i r� u PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES ARCHITECTURAL CONTROL (AC) 06-17, KOLL SAN JUAN be distributed for a 30 -day public review and comment period as required by the State CEQA Guidelines for local project. KKC will prepare and mail the Notice of Intent to Adopt an MND to adjoining property owners using the property owner mailing list to be provided by the City. KKC will also be responsible for distributing the document to the list of recipients provided by the City, preparing the Notice of Completion (NOC), and mailing the required number of copies to the State Clearinghouse (SCH) for review. KKC will also be responsible for posting the Notice of Intent to Prepare a Negative Declaration both at the Orange County Clerk -Recorder's Office and at the City of San Juan Capistrano. Should the Initial Study conclude that the project would have no effect on wildlife resources as provided by Section 711.4(d) of the California Fish & Game Code, KKC shall prepare and submit the required "No Effect' form to the appropriate office of the California Department of Fish & Game. However, if the Initial Study determines that potentially significant impacts cannot be reduced to a less than significant level either through the redesign of the proposed project or through the implementation of mitigation measures, the IS will conclude that further environmental review and analysis, through the preparation of a focused Draft EIR, will be required. Neither the scope nor budget presented in this work program reflects the effort necessary to prepare the Draft EIR. Should the city determine the project requires a Focused Draft EIR, work under this proposal would cease and KKC would prepare and submit a proposal to the City for the preparation of a Draft EIR. Estimated Time Frame: 1 Week Estimated Budget: $1,600.00 Task Five — Preparation of the Final Negative Declaration KKC, in cooperation with the San Juan Capistrano Planning Department staff, will prepare written responses to all CEQA-related comments received during the public review and comment period. These responses will be submitted to the City of San Juan Capistrano for review prior to completion of the Final Negative Declaration. It is important to note that the budget identified below reflects a limited amount of effort necessary to respond to public comments. The budget for this task may be revised if, after a thorough review of all comments received on the Draft Negative Declaration, KKC determines that additional time and effort will be necessary to respond to all of the comments received on that document. Estimated Time Frame: 1 Week Estimated Budget: $2,460.00 Task Six — Public Hearings If requested by the City, KKC will attend one (1) public hearing before the San Juan Capistrano Planning Commission and one (1) public hearing before the City Council. The Principal/Project Manager will attend the public hearing and will be responsible for making all presentations and responding to questions raised during the public hearing. Should additional hearings be required, they will be charged at the appropriate hourly rate. Estimated Time Frame: As Required Estimated Budget: $1,200.00 Task Six - Preparation of the Notice of Determination and CDFG "No Effect' Determination As previously indicated, KKC will be responsible for preparing both the Notice of Determination that must be filed in the office of the Orange County Clerk -Recorder and with the State Clearinghouse and the CDFG "Filling Fee No Effect Determination Form." The Notice of Determination (NOD) will be provided to the applicant for posting with the County Clerk, along with a copy of the CDFG-approved "No Effect' form, should that agency render such a determination. Once completed, these forms will be submitted to the City. The filing fees are not reflected in the estimated budget for miscellaneous expenses and are the 0 n U PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES ARCHITECTURAL CONTROL (AC) 06-17, KOLL SAN JUAN responsibility of the applicant. Pursuant to City policy, the applicant will be responsible for filing these legal notices with the County Clerk. Estimated Time Frame: 1 Day Estimated Budget: $360.00 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. The project schedule is presented below. Project Schedule Koll San Juan Architectural Control (AC) 06-17 San Juan Capistrano, CA Task Description Estimated Time Estimated Budget Project Initiation/Coordination As Required 2 Sub -Consultant Studies 6 Weeks 3 PreliminaryInitial Stud 8 Weeks Ci Review 1 Week 4 r61 Draft Initial Stud 1 Week $ 9,160.00 Public Review and Comment 4 Weeks 5 Final Mitigated Negative Declaration 1 Week Public Hearings As Required 7 Filing of Legal Notices 1 Da III. ESTIMATED BUDGET The scope of services and work described in Section I will be undertaken and completed for a not -to - exceed fee of $52,300.00. This fee includes meetings and coordination, preparation of the environmental analysis contained in the initial study, preparation of necessary CEQA notices and printing as indicated below, and attendance at one (1) public hearing associated with the Initial Study/ Negative Declaration. A budget summary is presented below. Budget Summary Title I Man -Hours I Billing Rate Estimated Budget Task One - Project Initiation/Coordination 1 24 1 $150.00/Hour $ 3,600.00 -principal Task Two — Con -Consultant Studies Air Quality Analysis $ 8,000.00 Noise Analysis $ 8,300.00 Cultural Resources Assessment $ 9,160.00 Biological Constraints Assessment $ 4,560.00 Sub -Total $30,020.00 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES ARCHITECTURAL CONTROL (AC) 06-17, KOLL SAN JUAN Title Man -Hours Billin Rate Estimated Budget Task Three — Preliminar I Initial Stud Project Manager 20 $115.00/Hour $ 2,300.00 Report Preparation 60 $ 90.00/1 -lour $ 5,400.00 Research and Analysis 20 $ 75.00/Hour $ 1,500.00 Graphics 12 $ 60.00/Hour $ 720.00 Word Processing 16 $ 40.00/Hour $ 640.00 Sub -Total 128 $10,560.00 Task Four - Draft Initial Study/ eative Declaration Report Preparation 16 $ 90.00/1 -lour $ 11440.00 Word Processing 4 $40.00/Hour $ 160.00 Sub -Total 20 $ 1,600.00 Task Five — Final Initial Study/ eative Declaration Project Manager 20 $115.00/1 -lour$ 2,300.00 Word Processing 8 $ 40.00/Hour $ 160.00 Sub -Total 28 $ 2,460.00 Task Six - Public Hearings Principal 8 $150.00/Hour $ 1,200.00 Task Seven - Leal Notices/Notice of Determination Word Processing 4 1 $ 90.00/Hour $ 360.00 Pri ting and Re roduction Printing and Reproduction $ 2,250.00 Postage $ 250.00 Sub -Total $ 2,500.00' TOTAL NOT -TO -EXCEED FEE 212 $52,300.00 'Includes attendance at two (2) public hearings. Attendance at additional hearings are not included and would be billed on a time -and -materials basis at $150.00/hour. 'Includes printing of twenty (20) copies of the IS/MND for submittal to the City of San Juan Capistrano, fifteen (15) CDs of the IS/MND along with fifteen (15) copies of the "Executive Summary" for distribution to the State Clearinghouse, postage (via certified mail/return receipt) to distribute IS/MND to responsible agencies, and postage to distribute the NOI to adjacent property owners (via first class mail). 'Total does not include filing fees, which are required at the time the Notice of Determination is filed with the Orange County Clerk -Recorder. IV. BILLING AND PAYMENT All charges shall be in accordance with the Budget Summary presented in Section III 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 s` day. 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES ARCHITECTURAL CONTROL (AC) 06-17, KOLL SAN JUAN 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 25 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. RESPONSIBILITY OF THE APPLICANT AND/OR CITY OF SAN JUAN CAPISTRANO The following information shall be provided to KKC by the project applicant and/or the City of San Juan Capistrano in order to complete the analysis described in this proposal. 1. A complete description of the proposed Koll San Juan project. 2. Exhibits illustrating the existing site development. 3. Site Plan and Engineering Plans and Specifications (as determined necessary by the City of San Juan Capistrano). 4. All environmental documents prepared for the proposed project, including but not limited to: detailed traffic impact analysis, Phase I and 11 Assessments, hydrology and water quality assessments, soils and geology, etc. 5. Existing topographic map and aerial photograph (if available). 6. All other pertinent information related to the proposed project. VII. STATEMENT OF OFFER/TERMS 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 $52,300.00. 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. PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES ARCHITECTURAL CONTROL (AC) 06-17, KOLL SAN JUAN Offer Presented By: Keeton K. Kreitzer, Principal KEETON KREITZER CONSULTING Date: April 9, 2008 0 0 EXHIBIT B, PAYMENT FOR SERVICES Architectural Control (AC) 07-17, Koll San Juan Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed $52,300. This fee shall include all costs incurred by the CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses necessary to complete all work specified in the "Scope of Work" (Exhibit "A"). Section II. Contract Administration and Payment A. Prepayment by Applicant: The CITY shall require that the applicant shall deposit with the CITY, a cash sum of $52,300. B. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT according to the following schedule and within thirty (30) days of the submission of invoices for authorized work completed by the consultant: 1. Not more than ten percent (10%) monthly, up to a maximum of fifty percent (50%) cumulative of the total contract amount, shall be paid during preparation of the technical reports and the screencheck draft Initial Study. 2. Not more than seventy-five percent (75%) cumulative of the total contract amount shall be paid at submission of the screencheck draft Initial Study. 3. Not more than ninety percent (90%) cumulative of the total contract amount shall be paid at submission of the draft Initial Study and approval of the document by the Environmental Administrator. 4. One -hundred percent (100%) cumulative of the total contract amount shall be paid at issuance of an Negative Declaration (ND) or Mitigated Negative Declaration (MND) or determination that the project requires preparation of an environmental impact report. Contract Amount $52,300 Project Milestone Maximum Maximum Percentage Payment During preparation of the technical reports and the 50% $26,150 screencheck draft Initial Study. Submission of the screencheck draft Initial Study. 75% $39,225 Submission of the draft Initial Study and approval by the 90% $47,070 Environmental Administrator. Issuance of an Negative Declaration (ND) or Mitigated Negative 100% $52,300 Declaration (MND) or determination that the project requires preparation of an Environmental Impact Report (EIR). EXHIBIT B Exhibit "C" Keeton Kreitzer Consulting Schedule of Fees (hourly rates) Meetings/Public Hearings Project Management/Coordination Report Preparation Research and Analysis Graphics Administration/Word Processing Printing and Reproduction Postage and Supplies Effective January 1, 2007 $115.00 $ 95.00 S 85.00 $ 75.00 $ 60.00 $ 40.00 Cost + 10% Cost + 10% 11 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949)493-1171 (949) 493-1053 FAX www.sanjuancapistrano.org TRANSMITTAL TO: Keeton Kreitzer Consulting 17291 Irvine Blvd, Ste 305 Tustin, CA 92780 JMoa � MOURN II (STAIIIIIII 1961 1776 FROM: Meg Monahan, MMC — City Clerk (949) 443-6308 MEMBERS OF THE CIT' COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NEILSON JOESOTO DR. LONDRES USO RE: Personal Services Agreement: Environmental analyses & documentation — Koll San Juan project Enclosed: (1) executed, original agreement if you have questions related to the agreement, please contact Bill Ramsey, Principal Planner, (949)443-6334 CC: Bill Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future 0 Printed on 100% recycled paper