05-0104_KEETON KREITZER CONSULTING_Personal Services Agreement0 a
PERSONAL SERVICES AGREEMENTUC2d�
THIS AGREEMENT is made and entered into this day ofd �ea�i r, 200�157
by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and Keeton Kreitzer
Consulting (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to
prepare an Expanded Initial Study for the San Juan Hills Golf Course project consisting of the
following discretionary actions by the City: General Plan Amendment (GPA) 03-02, Rezone (RZ) 04-
01, Tentative Parcel Map (TPM) 2004-121, Architectural Control (AC) 04-06, Conditional Use Permit
(CUP) 04-01, Floodplain Land Use Permit (FP) 04-01 for property referred to as Assessor Parcel
Number (APN) 666-011-27.
WHEREAS, Consultant is qualified byvirtue 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, 2005.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services forthis Project shall not exceed twenty-
seven thousand, nine -hundred, and ninety-three dollars and no cents ($27,993.00), as set forth in
Exhibit "B," attached and incorporated herein by reference.
3.2 Rate Schedule.
The services shall be billed to the City at the hourly rate set forth in Exhibit "C,"
attached and incorporated herein by reference. Included within the compensation are all the
Consultant's ordinary office and overhead expenses incurred by it, its agents and employees,
including meetings with the City representatives and incidental costs to perform the stipulated
services. Submittals shall be in accordance with Consultant's proposal.
gpa0302-CEQA-PSA
12/23/2004
�Lull _J
0 0
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 Citys employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for City to enter into this Agreement. Consultant shall not
contract with any other entity to perform the services required without written approval of the City.
This Agreement may not be assigned, voluntarily or by operation of law, without the prior written
approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City,
Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for
persons directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will be
considered employees of Consultant. City will deal directly with and will make all payments to
Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope of Work provided for in the contract documents as
requested by the City, the Parties hereto shall execute an addendum to this 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 Prosect Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be
performed; (2) it has investigated the proposed project 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.
gpa0302-CEQA-PSA 2 12/23/2004
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.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential to the
extent permitted by law, and Consultant agrees that they shall not be made available to any
individual or organization without prior written consent of the City. All such reports, information,
data, and exhibits shall be the property of the City and shall be delivered to the City upon demand
without additional costs or expense to the City. The City acknowledges such documents are
instruments of Consultant's professional services.
Section 13. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and appointed
officials and employees from any and all claims, liabilities, expenses or damages of any nature,
including attorneys' fees, for injury or death of any person or damage to property or interference with
use of property and for errors and omissions committed by Consultant arising out of or in connection
with the work, operation or activities of Consultant, its agents, employees and subcontractors in
carrying out its obligations under this Agreement.
Section 14. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good standing with the
State of California and having a minimum Best's Guide Rating of A- Class VII or better.
gpa0302-CEQA-PSA 3 12/23/2004
• 0
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:
$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 will 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
gpa0302-CEQA-PSA 4 12/2312004
coverage 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.
14.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the City has
issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance
requirements of this Agreement.
Section 15. Termination.
City and Consultant shall have the right to terminate this Agreement without cause by giving
thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10) days' notice to
the other party of a material breach of contract. If the other party does not cure the breach of
contract, then the agreement may be terminated subsequent to the ten (10) day cure period.
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or to such
other addresses as may be designated by written notice. These addresses shall be used for
delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Director of Administrative Services
To Consultant: Keeton Kreitzer, 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.
gpa0302-CEQA-PSA 5 12/23/2004
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 matterthereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
Dave Adams, City Manager
CONSULTANT
0
ATTEST: hl�
rPPrgaet R. Monahan, City Clerk
VED AS O FORM:
c:-,4�
John R. ShVv, City Attorney
Keeton Krbltzer, Principal
Keeton Kreitzer Consulting
gpa0302-CEQA-PSA 6 12/23/2004
• 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSE
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSE AND FUTURE RESIDENTIAL DEVELOPMENT
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 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 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 Mitigated 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, project applicant, and technical consultants 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, 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.
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 three
(3) meetings.
Estimated Time Frame: As Required
Estimated Budget: $2,100.00
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
0 0
Task Two - Sub -Consultant Studies
In order to evaluate the potential noise, air quality and cultural resource impacts associated with activities
necessary to implement the proposed golf course/residential project, KKC has identified the need to prepare
several technical studies, including an acoustical analysis, an air quality assessment and a cultural
resources assessment (in accordance with City Council Policy 601). These studies will be conducted by
the firms listed below.
Air Quality Assessment Giroux & Associates
Noise Analysis Giroux & Associates
Cultural Resources Assessment ARMC
The firm of Giroux & Associates will evaluate the potential project -related noise and air quality impacts. In
particular, the acoustical analysis will focus on the potential construction -related noise emanating from the
project site. In particular, the potential noise impacts associated with the use of construction equipment and
other noise -generating equipment will be evaluated. The results of the acoustical analysis will be integrated
into the proposed Mitigated Negative Declaration. Giroux & Associates will also evaluate potential
construction -related air quality impacts, based on the numbers and types of construction equipment that
would be used to construct the proposed clubhouse and related features. The air quality assessment will
be conducted in accordance with current South Coast AQMD requirements. The findings and
recommendations presented in the technical analysis will be summarized in the initial study.
ARMC will undertake a cultural resources survey 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 initial study. Each of the technical studies will be appended to the environmental
document.
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 subject
property and/or in the project environs. The results and recommendations of the records search will be
documented and presented in the initial study.
In addition to the technical studies 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 project. Specifically, a traffic study, and hydrology/hydraulic study, preliminary geotechnical
study, environmental site assessment(s) (i.e., Phase I and/or Phase II studies) will be provided by the project
applicant. Although a biological resources assessment will not be conducted for the proposed project,
information related to biological resources that will be utilized to evaluate the project -related impacts will be
obtained from the City of San Juan Capistrano. (The estimated budget included in this task does not reflect
the costs associated with these technical studies.) The additional technical studies will be made available
to KKC and will serve as the basis for evaluating project -related impacts in each of the environmental issue
areas (i.e., biological resources, hydrology/water, traffic/circulation, etc.). Applicable components of these
reports will also be appended to the IS/MND.
Estimated Time Frame: Four Weeks
Estimated Budget: $ 6,000.00
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSE AND RESIDENTIAL DEVELOPMENT
Task Three - Preparation of the Initial Study/Mitigated Negative Declaration (IS/MND)
KKC will be responsible for the preparation of the initial study for the proposed San Juan Hills Golf Course
and Residential Development 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 achieve the objective of preparing 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 lack of adverse environmental impacts associated with the proposed
improvements to support the environmental determination that no significant impacts will occur as a result
of project implementation. Where potential significant environmental effects are identified, appropriate
mitigation measures will be prescribed to ensure that the impacts can be reduced to a less than significant
level.
Based on the proposed project, it is anticipated that any potentially significant environmental impacts that
would be anticipated can be mitigated, resulting in the preparation of a mitigated negative declaration. As
reflected above and in the work program, KKC has presented a scope of work for the preparation of an Initial
Study/Mitigated Negative Declaration (IS/MND). The IS/MND will include the elements prescribed in the
scope of work requirements identified by the City, including: (1) Project Description; (2) Surrounding Land
Use and Project Setting; (3) List of Responsible Agencies; (4) Discussion of Environmental Evaluation; (5)
Process Documentation; and (6) References. It is important to note that environmental analysis identified
above will address each of the environmental issues listed on the City's Environmental Checklist, including:
• Land Use and Planning
• Agriculture
• Population and Housing
• Geology and Soils
• Hydrology and Water Qaulity
• Transportation/Circulation
• Air Quality
• Noise
• Biological Resources
• Aesthetics
• Cultural/Scientific Resources
• Recreation
• Mineral Resources
• Hazards
• Public Services
• Utilities and Service Systems
The environmental assessment will provide an analysis of the potential impacts to each of the
environmental categories identified above. Potential impacts will be identified based on significance criteria
established by the City of San Juan Capistrano. Where potentially significant impacts are identified,
appropriate mitigation measures, which will either eliminate the significant impact or reduce it to a "less than
significant level, will be identified for incorporation.
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
3
0 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSE AND RESIDENTIAL DEVELOPMENT
Once completed, five (5) copies of the proposed IS/MND will be submitted to the City of San Juan
Capistrano for review and comment. KKC will revise the initial study based on the comments made by City
staff and prepare the Draft IS/MND. Ten (10) copies of the Preliminary Draft Initial Study/Mitigated Negative
Declaration will be prepared and submitted to the City, and fifty (50) copies of the Public Hearing Draft
IS/MND will be printed and submitted to the City of San Juan Capistrano.
Once completed, the Draft document will be distributed for a 30 -day public review and comment period as
required by the State CEQA Guidelines for local project. KKC will be responsible for distributing the
document to the list of recipients developed in concert with the City of San Juan Capistrano. These
documents will be delivered to each of the recipients via certified mail (return receipt requested). KKC will
be also be responsible for posting the Notice of Intent to Adopt a (Mitigated) Negative Declaration with the
Orange County Clerk -Recorder.
Estimated Time Frame: Six Weeks (Including four weeks in Task Two)
Estimated Budget: $10,800.00
Task Four - Preoaration of the Final Mitigated Negative Declaration
The Final IS/MND will include all written comments received on the document during the public comments
period as well as the responses prepared in accordance with CEQA requirements. KKC will prepare written
responses to all 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 Mitigated
Negative Declaration. It is important to note that the budget identified below reflects a limited amount of
public comments. This budget may be revised if, after a thorough review of all comments received on the
Draft Mitigated Negative Declaration, it is determined that it is inadequate to respond to all of the comments
received on that document. Five (5) copies of the Final IS/MND will be submitted to the City of San Juan
Capistrano.
Estimated Time Frame: One Week
Estimated Budget: $ 2,340.00
Task Five - Public Hearings
KKC 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 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: $ 1,260.00
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
0 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSE AND RESIDENTIAL DEVELOPMENT
Task Six - Legal Notices
KKC will be responsible for preparing both the requisite legal notice for the public advertisement, the Notice
of Intent to Prepare a (Mitigated) Negative Declaration, 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 Intent and the Notice of
Determination with the Clerk -Recorder.
Estimated Time Frame: As Required
Estimated Budget: $ 1,200.00
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.
Project Schedule
San Juan Hills Golf Course and Residential Development Project
San Juan Capistrano, CA
Task
Description
Estimated Time
1
Project Initiation/Coordination
As Required
2
Sub Consultant Studies
4 Weeks
3a
Initial Study/Mitigated Negative Declaration
6 Weeks
3b
City Review
2 Weeks
3c
Revisions to the Draft IS/MND
1 Week
Public Review and Comment
4 Weeks
4
Final Mitigated Negative Declaration
1 Week
5
Public Hearings
As Required
6
Filing of Legal Notices
As Required
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
0 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSE AND RESIDENTIAL DEVELOPMENT
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 $27,993.00. This fee includes meetings and coordination, preparation of the environmental analysis
contained in the initial study, technical studies, filing of necessary CEQA notices, postage and
printing/reproduction, attendance at public hearings, and filing of requisite notices associated with the Initial
Study/Mitigated Negative Declaration. A budget summary is presented below.
Budget Summary
San Juan Hills Golf Course and Residential Development Project
San Juan Capistrano, CA
Task Two -Sub-Consultant Studies
Title
Man -Hours
Billing
$ 1,750.00
Giroux &Associates (Air Quality)
$ 2,000.00
ARMC (Cultural Resources)
$ 1,500.00
Museum of Natural History
(Scientific Resources)
$ 750.00
Sub -Total
$ 6,000.00'
Task Three -Sub-Initial Study/Mitigated Negative Declaration
Principal/Project Manager
16
$105.00/Hour
$ 1,680.00
Environmental Planner
96
$ 75.00/Hour
$ 7,200.00
Graphics
16
$ 50.00/Hour
$ 800.00
Word Processing/Administration
32
$ 35.00/Hour
$ 1,120.00
Sub -Total
160
$10,800.00
Task Four -Final Mitigated Negative Declaration
Principal/Project Manager
8
$105.00/Hour
$ 840.00
Environmental Planner
20
$ 75.00/Hour
$ 1,500.00
Sub -Total
28
$ 2,340.00
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
6
Rate
Estimated Bud et
Task One -Project Initiation/Coordination
Project Manager
20
$105.00/Hour
$ 2,100.00
Task Two -Sub-Consultant Studies
Giroux &Associates (Noise)
$ 1,750.00
Giroux &Associates (Air Quality)
$ 2,000.00
ARMC (Cultural Resources)
$ 1,500.00
Museum of Natural History
(Scientific Resources)
$ 750.00
Sub -Total
$ 6,000.00'
Task Three -Sub-Initial Study/Mitigated Negative Declaration
Principal/Project Manager
16
$105.00/Hour
$ 1,680.00
Environmental Planner
96
$ 75.00/Hour
$ 7,200.00
Graphics
16
$ 50.00/Hour
$ 800.00
Word Processing/Administration
32
$ 35.00/Hour
$ 1,120.00
Sub -Total
160
$10,800.00
Task Four -Final Mitigated Negative Declaration
Principal/Project Manager
8
$105.00/Hour
$ 840.00
Environmental Planner
20
$ 75.00/Hour
$ 1,500.00
Sub -Total
28
$ 2,340.00
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
6
0 0
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSE AND RESIDENTIAL DEVELOPMENT
Title
Man -Hours
Billing Rate Estimated Bud et
Task Five -Public Hearings
Principal
12
$105.00/Hour
$ 1,260.00
Task Six -Legal Notices
Environmental Planner
16
$ 75.00/Hour
$ 1,200.00
Sub -Total -Professional Fees
236
$23,700.00
Miscellaneous
Postage
$ 500 .002
Printing and Reproduction
$ 2,500.00z
Filing Fees
$1,293 .003
Sub -Total
$ 4,293.00
TOTAL ESTIMATED BUDGET
260
$27,993.00"
'Estimated budget includes only those studies identified in Task Three. All other required
technical studies will be provided by the project applicant, including: biological resources
survey, traffic analysis, preliminary geotechnical study, hydrology analysis, Phase land/or
Phase II Environmental Site Assessment, etc.
ZEstimated budget for postage and printing is based on 60 copies of the document.
'Estimated budget includes NOD filing fee of $43.00 and CDFG fee of $1,250.00 (for
Mitigated Negative Declaration), which are paid to the Orange County Clerk -Recorder. If
these fees are not included, total estimated fee would be $26,700.00.
^Total Estimated Budget does not include fees for legal advertisement.
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 25 years of
environmental planning experience and has served as project manager for several similar projects. He has
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
7
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSE AND RESIDENTIAL DEVELOPMENT
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 PROJECT APPLICANT AND/OR 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.
1. A complete description of the proposed project, including specific elements of the Golf
Course Plan and future residential development.
2. Exhibits illustrating the existing site and proposed improvements, including conceptual site
plan, landscape plan, cross sections, etc.
3. Engineering Plans and Specifications, including conceptual grading plan (as determined
necessary by the City of San Juan Capistrano).
4. With the exception of those technical studies identified in Task Two, all technical studies
prepared for the proposed project, including but not limited to: traffic analysis, Phase I
and/or Phase II Environmental Site Assessments, hydrology and water quality
assessments, soils and geology, biological assessment, etc.
5. Existing topographic map.
6. Aerial photograph (if available).
7. 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.
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SAN JUAN HILLS GOLF COURSEAND RESIDENTIAL DEVELOPMENT
KKC will perform all work described in this proposal for a budget of $27,993.00. 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 CONSULT G
Date: December 23, 2004
Proposal for Environmental Consulting Services
San Juan Hills Golf Course - San Juan Capistrano
December 23, 2004
9
• 0
EXHIBIT "B", PAYMENT FOR SERVICES
GPA 03-02, San Juan Hills Golf Course, Expanded Initial Study
Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to
this agreement shall not exceed $27,993.00. 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 'W').
Section II. Contract Administration and Payment
A. Prepayment by Applicant: The CITY shall require that the applicant, upon execution of this
agreement, shall deposit with the CITY, a cash sum of $27,993.00.
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:
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 Expanded Initial Study.
2. Not more than seventy-five percent (75%) cumulative of the total contract amount
shall be paid at submission of the technical reports for the screencheck draft
Expanded Initial Study.
3. Not more than ninety percent (90%) cumulative of the total contract amount shall be
paid at submission of the screencheck draft Expanded Initial Study.
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
$27,993.00
Project Milestone
Maximum
Maximum Cum.
Percentage
Payment
During preparation of the technical reports and the
6500
$18,195.00
screencheck draft Expanded Initial Study.
Submission of the technical reports required for the draft
75%
$20,995.00
Expanded Initial Study.
Submission of the screencheck draft Expanded Initial Study.
90%
$25,194.00
Issuance of an Negative Declaration (ND) or Mitigated Negative
Declaration (MND) or determination that the project requires
100%
$27,993.00
preparation of an environmental impact report.
ac0206-CEQA-pfs.wpd
Gan of San Juan Capistrano
,i � Planningan JuameOt
n Ca
• a® �I 32400 Paseo Pdelanto
San Juan Capistrano, Califo &5
FEE AND DEVELOPER DEPOSIT COMPUTATION FORM
TG
ORDERER
OF
%� YuiNUq.K FammYomiaeLn
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
1-00 SOL, 30 1:1 2 2 20 1 1961: 160777761-
Av
I� I /3/a4�pt/ �RA1 J
E CHECKS I E LPSN I OPTE I N E
a..n
lm iw
CITY OF SAN JUAN CAPISTRANO
32400 PASEO AOEI NTO
SAN JUAN CAPIST11MG, CALIFORNIA 92675
1
t
6(Y d'�OLliAxS
8
$D27,993.00--
�v
—141K
09391
FECE
By
IY
WIlTHOUT
SIGNATURE
0
Certificate of Insurance
0
1 of 1 #M81959
Description of Operations/LocationsNehicles/Restrictions/Special items:
RE: LA NOVIA AVENUE BRIDGE WIDENING. ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY: THE CITY OF SAN JUAN CAPISTRANO, ITS
ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED PRIMARY ENDORSEMENT.
Certificate Holder:
City of San Juan Capistrano
Attn: Maria Guevara
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL W
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN.
08/19/04
Agency Name and Address:
THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc.
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
2030 Main Street, Suite 350
NOT AMEND, EXTEND OR ALTER THE COVERAGE
Irvine, CA 92614-7248
AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address:
Companies Affording Policies:
Keeton Kreitzer Consulting
A.United States Fidelity & Guaranty Co
B Continental Casualty Company
17782 East 17th Street, Suite 106
D
Tustin, CA 92780
D
E.
F.
Description of Operations/LocationsNehicles/Restrictions/Special items:
RE: LA NOVIA AVENUE BRIDGE WIDENING. ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY: THE CITY OF SAN JUAN CAPISTRANO, ITS
ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED PRIMARY ENDORSEMENT.
Certificate Holder:
City of San Juan Capistrano
Attn: Maria Guevara
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL W
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN.
08/19/04
Policy Number: BKO1835543
Liability Coverage Enhancement —
Architects And Engineers
ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following.
LIABILITY COVERAGE PART.
1. The following is added to paragraph 2 of SECTION
II —WHO IS AN INSURED:
I. If you are required to add another person or
organization as an insured under this policy by a
written contract or agreement which is in effect
during the policy period, that person or organization
is an insured. Such person or organization is
referred to in this Coverage Part as an Additional
Insured.
However, such person or organization is not an
insured with respect to any:
(1) "Property damage "to:
(a) Property owned, occupied or used by
the Additional Insured;
(b) Property rented, leased or loaned to,
in the care, custody or control of, or
over which physical control is being
exercised for any purpose by the
Additional Insured; or
(c) "Your work" performed for the
Additional Insured;
(2) "Bodily injury", "property damage", "personal
injury', "advertising injury" which is not caused
in whole or in part by the negligent acts or
omissions of any Named Insured, or the
negligent acts or omissions of anyone directly
or indirectly employed by a Named Insured or
for whose acts a Named Insured may be
liable;
(3) "Bodily Injury', "property damage", "personal
injury", or "advertising injury for which such
person or organization has assumed liability in
a contract or agreement, except for liability for
damages that such person or organization
would have in absence of the contract or
agreement; or
(4) "Bodily injury", "property damage", "personal
injury" or "advertising injury arising out of any
architect's, engineer's or surveyor's rendering
of, or failure to render, any professional
services, when such person or organization is
an architect, engineer, or surveyor.
2. The following is added prior to the final paragraph
of SECTION II — WHO IS AN INSURED:
You are an insured for your participation in any past
or present "unnamed joint venture". However, you
are not an insured if the "unnamed joint venture
has:
a. Direct employees; or
b. Owns, rents, or leases any real or
personal property.
No other member or partner, or their spouses, of
any past or present "unnamed joint venture" is an
insured. This insurance is excess over any "other
insurance' available to you for your participation in
any past or present "unnamed joint venture".
3. The final paragraph of SECTION II — WHO IS AN
INSURED is replaced by the following:
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture (except "unnamed join
venture') or limited liability company this is not
shown as a Named Insured in the Declarations.
Paragraph 2 of SECTION III — LIMITS OF
LIABILITY is replaced by the following:
(2). The General Aggregate Limit Is that most we
will pay at each of "your premises" listed in the
Schedule of Premises and is the most we will
pay at each of "your projects" for the sum of:
a. Damages under Section I. A. except
damages because of "bodily injury" and
"property damage" included in the
"products completed operations hazard"
and damage to premises rented to you or
temporarily occupied by you with
permission of the owner; and
b. Medical payments under SECTION 1. B.
CVBF 26 09 BB 03 Includes copyrighted material of Insurance Services Office with its permission.
Copyright. Insurance Services Offices, Inc.. 2801
Page I of 2
0
5. The following is added to SECTION IV -
CONDITIONS, 5. Other Insurance,
a. Primary Insurance;
In addition, this Insurance will be considered
primary to, and non-contributory with, "other
insurance" issued directly to a person or
organization added as an additional insured
under SECTION II. 2. 1., if you specifically
agree, in that written contract or agreement,
that this insurance must be primary to, and
non-contributory with, such "other insurance'.
This insurance will then be applied as primary
insurance for damages for "bodily injury",
.,property damage', "personal injury" or
"advertising injury" to which this insurance
applies and that are incurred by such person or
organization, and we will not share those
damages with such "other insurance'.
6. The following is added to SECTION IV —
CONDITIONS, B. Transfer Of Rights Of
Recovery Against Others To Us.
We waive any right of recovery we may have
against any person or organization added
under SECTION II. 2.1., for payments we make
because of injury or damage arising out of
"your work" under the written contract or
agreement with such person or organization,
provided that the injury or damage occurs
subsequent to the execution of that written
contract or agreement.
0
7. The following are added to SECTION V —
DEFINITIONS:
"Unnamed joint venture" means any joint venture
in which you are a member or partner where:
a. Each and every one of your co -ventures in that
joint venture is an architectural, engineering or
surveying firm; and
b. That joint venture is not named in the Liability
Coverage Part Declarations.
"Your premises" means any premises, site or
location that you own or rent or lease from
others.
"Your project"
Means any premises, site or location at, on, or in
which "your work" is not yet completed;
and
a. Means any premises, site or location at, on, or
in which "your work" is not yet completed;
and
b. Does not include 'your premises' or any
location listed in the Schedule of Premises.
All other terms of your policy remain the same.
ADDITIONAL INSURED:
THE CITY OF SAN JUAN CAPISTRANO, ITS ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES
CV9F 26 09 O9 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2
Copyright, Insurance Services Offices, mr 2001
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493.1053 FAx
www.sanjuancapistrano.org
August 25, 2004
Keeton Kreitzer Consulting
17782 East 17th Street, Suite 200
Tustin, CA 92780
Jamal► �
IRfIRIR1RIR1
RsreeusrtR � 1961
1776 "
MEMBERS OF THE CITY COUNCIL
RE: Compliance with Insurance Requirements — La Novia Bridge Widening
The following insurance documents are due to expire:
SAM ALLEVATO
DIANE L. BATHOATE
WYATT HART
JOE SOTO
DAVID M. SWERDUN
✓ General Liability Certificate 09/01/2004 \"
J General Liability Endorsement Form naming the City of Sats Juan
Capistrano as additional insured.
✓ Automobile Liability Certificate 09/01/2004 O_
Please submit updated documentation to the City of San Juan Capistrano, attention City
Clerk's office, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 by the above
expiration date. If yp�lave any questions, please contact me at (949) 443-6309.
Si
Administratlf\te Secretary
cc: Lynnette Adolphson, Management Analyst II
San Juan Capistrano: Preserving the Past to Enhance the Future
E
Keeton Kreitzer Consulting
17291 Irvine Boulevard, Suite 305
Tustin, CA 92780
December 23, 2004
Ms. Meg Monahan, CMC, City Clerk
City of San. Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
SUBJECT: Workman's Compensation Insurance/San Juan Hills Golf Course Project
Dear Ms. Monahan:
As a follow-up to my conversation with Mr. William Ramsey, I am providing you with this
clarification regarding the City's contract provision requiring Workman's Compensation insurance.
As indicated in the City's standard contract/agreement for professional services, the City of San Juan
Capistrano requires that the Consultant maintain Workman's Compensation insurance coverage.
However, as a "sole proprietor" without either full-time or part-time employees, I am not required
to carry such insurance. Although I do meet the minimum insurance coverage as prescribed by the
City for other areas, I do not carry Workman's Compensation insurance for the reason stated above.
However, please understand that should I hire any employees during the term of the contract for
the San Juan Hills Golf Course project, I shall procure the requisite Workman's Compensation
insurance to comply with the insurance requirements stipulated in the City's standard
contract/agreement for professional services.
Please don't hesitate to call me if you have any questions or require additional clarification.
Very sincerely,
KEETON KREITZER CONSULTING
Keeton K. Kreitzer
Principal
K KK:rj r
CC: Mr. William A. Ramsey, AICP, Principal Planner
1'/
17291 Irvine Boulevard, Suite 305 - Tustin, CA 92780 - Tel (714) 665-8509 - Fax (714) 665-8539
i
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.san)uancapistrano.org
January 4, 2005
Mr. Keenton Kreitzer, Principal
Keeton Kreitzer Consulting
17291 Irvine Blvd #305
Tustin, CA 92780
Dear Mr. Kreitzer:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
Enclosed is a copy of an executed personal services agreement related preparation of
an expanded initial study for the San Juan Hills Golf Course project.
Thank you for maintaining current documentation confirming compliance with the terms
of insurance. 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, Bill Ramsey, Principal Planner (949) 443-6334.
Yours truly,
CMC
cc: Lynnette Adolphson, Management Analyst II
Bill Ramsey, Principal Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
0
a
CITY CLERK'S DEPARTMENT - ACTION REMINDER
TO: Lynnette Adolphson, Management Analyst II
FROM: Mitzi Ortiz, Deputy City Clerk DATE: December 2, 2005
SITUATION:
On January 4, 2005, the City of San Juan Capistrano entered into an Agreement with Keeton
Kreitzer Consulting to prepare an Expanded Initial Study for the San Juan Hills Golf Course
project.
ACTION REQUESTED:
Said agreement states services shall be completed by December 31, 2005
Please notify this office if agreement has been completed or will be extended.
ACTION TO BE TAKEN:
DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN:
J t oelt- t nj /a /3/ /D--'
SIGNATURE OF OFFICIAL TAKING ACTION: &�,hT�
DATE SIGNED: /a/Jr/-5--
***FOR CITY CLERK'S DEPARTMENT USE ONLY***
Tickler Date: 12/01/05
Deadline Date: 12/31/05 /
(600.30/keeton 2)
VO "/