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06-0919_ENVIRONMENTAL SCIENCE ASSOCIATES_Personal Services Agreement AMENDMENT NO. 4 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this I day of Mew(. , 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and ENVIRONMENTAL SCIENCE ASSOCIATES., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City and consultant have entered into a Personal Services Agreement dated September 19, 2006, for a total of $187,327 for environmental consultant services for the Recycled Water Master Plan Update, and, WHEREAS, Amendment No. 1 to this agreement dated October 20, 2006 for $28,000, was implemented for additional services. WHEREAS, Amendment No. 2 to this agreement dated November 6, 2007 for $20,226.30, was implemented for additional services. WHEREAS, Amendment No. 3 to this agreement dated May 20, 2008 for $6,185.66, was implemented for additional services. WHEREAS, City and Consultant agree that additional services outlined in the cost estimate as set forth in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Additional Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A" to conduct an Initial Study and Mitigated Negative Declaration for the Terminal Reservoir Project and Biological Assessment requested by the State Water Board for the Recycled Water Program EIR. 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. Additional Compensation. City hereby agrees to pay the additional sum of Fifteen Thousand, Five Hundred Thirty-two Dollars ($15,532) for a revised total contract price of $257,270.96 to 1 SD 0 0 Consultant for those services performed as set forth in Exhibit W. These additional services to the Agreement shall commence on the effective date of this Amendment. Section 3. Relationship to Agreement. Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. Section 4. Contract Term. This Agreement will extend the contract completion date to December 30, 2009. Section 5. Entire Agreement. This entire Agreement between the City and Consultant with respect to those extra services described herein and any other understandings, oral or in writing, are hereby superseded. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CA\\PISTRANO By: Uva Dave Adams, City Manager CONSULTANT By: -p [ Environmental Science Associates ATTE Mar are nahaCity ler APPROVED AS TO FORM: r 1 Omar Sandoval, City Attorney 3 ig 707 Wilshire Boulevard R Water Suite 1450 Los Angeles,CA 90017 213.599.4300 213.599.4301 February 2, 2009 Mr. Joe Mankawich City of San Juan Capistrano J Mankawich(bSanJuanCapi strano.org Subject: Proposal to Prepare an Initial Study Leading to a Mitigated Negative Declaration for the Terminal Reservoir Project and Biological Assessment for SWRCB Purposes Dear Joe: ESA appreciates the opportunity to submit this proposal to conduct an environmental assessment pursuant to the California Environmental Quality Act(CEQA) for the terminal Reservoir project. It is our understanding that the City is proposing to demolish the existing terminal reservoir and construct a new 4 million gallon reservoir at the same location.The project was described in detail in the Program Environmental Impact Report(PEIR)prepared for the City's Recycled Water Master Plan. The PEIR provided a program level of analysis for the project. This proposal would provide project level CEQA review in order to implement the project. Scope of Work CEQA Compliance ESA will prepare an Initial Study(IS)pursuant to CEQA Guidelines to evaluate potential impacts of the proposed storage reservoir installation project. The IS will include a project description that will describe the proposed project and list the project objectives. ESA will complete the CEQA checklist,providing necessary information to determine the significance of potential environmental impacts. ESA will provide brief discussions for each resource area identified in the Checklist to adequately explain impact significance conclusions. The IS will identity mitigation measures if necessary to minimize potential impacts. The IS will incorporate information included in the PEIR including biological and cultural resources assessments. ESA will survey the site to confirm the findings in the PEIR. For purposes of this scope proposal,we assume that the IS will conclude that a Mitigated Negative Declaration (MND) will be the appropriate CEQA compliance document. ESA will submit five copies of the draft of the IS/MND to the City for review. ESA will incorporate the City's comments and prepare up to 35 copies of the IS/MND for public review. We assume that the City will develop a mailing list and mail the document for public review. ESA will assist the City to ensure compliance with CEQA process requirements. Following the public review period, ESA will compile comments received and prepare responses as part of the record for the project. For purposes of this proposal, we assume that fewer than ten comment letters will be received. ESA will provide 10 copies of the responses to comments and an electronic copy on a CD. ESA will Water Joe Mankawich February 2, 2009 Page 2 prepare a draft Notice of Determination (NOD). ESA will incorporate City comments and file the Final NOD with the State Clearinghouse and the County. ESA will be available to meet once at the City of San Juan Capistrano and participate in up to three conference calls regarding the project. Biological Assessment and Other Information Requested by SWRCB ESA will incorporate information from the Program EIR(PEIR) into the Biological Assessment (BA) format provided by the SWRCB. We assume that the information in the PEIR is appropriate for the BA. ESA will submit the draft BA to the City for review. ESA will incorporate comments and resubmit to the City. ESA will also compile the information requested in SWRCB's letter received January 12, 2009 from Michelle Jones for inclusion in a submittal to SWRCB. We assume that the information to be included in this submittal is similar to the information in the PEIR and in previous submittals. Cost Estimate and Schedule ESA would conduct the above scope of work for a fee of$15,532.'The attached spreadsheet provides more detail on the cost estimate. The following table summarizes the proposed schedule. Prepare Draft IS/MND Four weeks from start date Incorporate edits and publish IS/MND Two weeks Public review Four weeks Prepare responses to comments Two weeks The City adopts MND Four weeks? TOTAL Sixteen weeks from start date The scope and fee estimate do not include conducting pre-construction surveys for potential concerns. If you have any questions regarding this proposed scope please give me a call. We look forward to hearing from you. Sincerely, Tom Barnes Director Southern California Water Group Environmental Science Associates Pricing Proposal Template ESA Labor Detail and Expense Summary City of San Juan Capistrano Terminal Reservoir IS/MND Consulting Staff Hours Administrative Stan Hours Ta NIS JN/MG NP Total Total Task Number/Descri tion Dir Assocb Subtotal Adm/GfphArt Clerical I Subtotal Hours Labor Price Hou Billing Rate $ 170 $ 100 $ 85 $ 60 of Proiect Mana ement/Coordination 8 $ 1,360 4 $ 340 - 12 $ 1,700 o2 Prepare Draft ISIMND 16 48 $ 7,520 4 $ 340 68 $ 7,860 03 Prepare ISIMND 2 8 $ 1,140 4 4 $ 580 18 $ 1,720 m Prepare Response to Comments 4 B $ 1,480 $ 12 $ 1,480 $ 12,760 $ $ $ s.o PEIR Biological Assessment 4 8 $ 1,480 2 $ 170 14 $ 1,650 $ $ - $ - $ 1,650 Total Hours 34 72 14 4 124 Subtotals-Labor Hours $ 5,780 $ 7,200 $ 12,980 $ 1,190 $ 240 $ 1,430 $ 14,410 Percent of Effort-Labor Hours Only 4% 58.1% 11.3% 3.2% 100.0% Percent of Effort-Total Project Cost 37.2% 46.4% - 7.7% 1.5% 92.8% ESA Labor Costs $ 14,410 Communications Fee of 3%on ESA Labor Costs $ 432 ESA Non-Labor Expenses Reimbursable Expenses(see Attachment A for detail) $ 690 ESA Equipment usage(see Attachment A for detail) $ Subtotal ESA Non-Labor Expenses $ 690 Subconsultant Costs(see Attachment 8 for detail) $ - TOTAL PROJECT PRICE $ 15,532 H:G'.1206xx,010206239.00-San Juan Capistrano'iContracBCity of San Juan terminal reservoir MND cost pmposal2.xts-ESA Labor a Expense San Juan Capistrano Terminal Reservoir IS/MND ID Task Name Duration Start Finish 2009 Jan Feb Mar _Apr .May Jun Jul Aug 1 Environmental Review Process 74 days Mon 2/9/09 Fri 5/22/09 IW IF 2 Project Management 4 days Mon 219109 Thu 2112109 w 3 Kickoff Meeting 0 days Mon 219109 Mon 219/09 �2/9 4 ESA submits initial data request 3 days Tue 2110/09 Thu 2/12/09 5 Initial Study 26 days Mon 2/16/09 Fri 3120109 6 ESA prepares Initial Study 15 days Mon 2116/09 Fri 316109 (�} 7 Submit draft Initial Study 0 days Fri 3/6/09 Fri 3/6/09 —1 3/6 8 SJC review of Initial Study 10 days Mon 3/9/09 Fri 3/20109 9 Public IS/MND 24 days Mon 3123/09 Thu 4123109 10 ESA prepares public draft IS/MND 1 wk Mon 3/23/09 Fri 3/27/09 Q 11 30-day Public Review Period for IS/MND 24 days Mon 3/23/09 Thu 4/23/09 12 Public Meeting for IS/MND 0 days Wed 4/15/09 Wed 4/15109 !15 13 Prepare Response to Comments 20 days Fri 4124109 Fri 5122109 14 ESA prepares Response to Comments(RTC) 5 days Fri 4/24/09 Thu 4/30/09 15 SJC review of RTC 5 days Fri 5/1/09 Thu 5/7/09 16 ESA revises RTC 3 days Fri 518/09 Tue 5112109 17 Adoption Hearing 0 days Thu 5/21/09 Thu 5/21/09 5/21 18 ESA files NOD 0 days Fri 5/22/09 Fri 5/22/09 5122 Task Rolled Up Task —iExternal Tasks Mon 2/2/09 Progress r Rolled Up Milestone Project Summary Milestone ♦ Rolled Up Progress Group By Summary Summary Split AMENDMENT NO. 3 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and ENVIRONMENTAL SCIENCE ASSOCIATES., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City and consultant have entered into a Personal Services Agreement dated September 19, 2006, for a total of $187,327 for environmental consultant services for the Recycled Water Master Plan Update, and, WHEREAS, Amendment No. 1 to this agreement dated October 20, 2006 for $28,000, was implemented for additional services. WHEREAS, Amendment No. 2 to this agreement dated November 6, 2007 for $20,226.30, was implemented for additional services. WHEREAS, City and Consultant agree that additional services outlined in the cost estimate as set forth in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Additional Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A" to conduct an Archeological and Data Recovery Plan for the City's Recycled Water Master Plan. 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. Additional Comnensation. City hereby agrees to pay the additional sum of Six Thousand, One Hundred Eighty-Five Dollars and Sixty-Six Cents ($6,185.66) for a revised total contract price of $241,738.96 to Consultant for those services performed as set forth in Exhibit "A". These additional services to the Agreement shall commence on the effective date of this Amendment. 1 SO 011 0 Section 3. Relationship to Agreement. Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. Section 4. Contract Term. This Agreement will extend the contract completion date to December 30, 2008. Section 5. Entire Agreement. This entire Agreement between the City and Consultant with respect to those extra services described herein and any other understandings, oral or in writing, are hereby superseded. 2 i • IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN 'JUAN pCAP�ISTRANO By: Q t�7F Dave Adams, City Manager CONSULTANT By: — C-- Environmental Science Associates ATTEST: ff Ma gar t R. Monahan, City Clerk APPROVED AS TO FORM: Omar 5zin86val, City Attorney 3 ` ,Se . 707 Wilshire Boulevard • www.esassoacom Suite 1450 Los Angeles,CA 90017 213.599.4300 phone 213.599.4301 fax April 24, 2008 Eric Bauman City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Subject: Dear Eric: This letter presents a proposal to conduct an Archaeological and Data Recovery Plan for the City's Recycled Water Master Plan.The work will be conducted by Applied EarthWorks,Inc.as described in the attached scope of work proposal. ESA would provide contract management services.The total contract amount is summarized in the following table. Hours $/hour Total ESA Management Hours Senior Administrative 4 $95.00 $380.00 Applied EarthWorks,Inc.Total $5,048.40 ESA 15%Mark Up $757.26 TOTAL $6,185.66 Attached to this letter is Applied EarthWorks,Inc.'s proposal to the City. If you have any questions regarding this letter proposal,please don't hesitate to call me. Sincerely, Tom Barnes EXHIBIT "A" 1391 West Shaw Avenue Apocea Sufte C WHOM Fresno,CA 93711-3600 (559)229-1856 � FAX(559)229-2019 23 April 2003 Mr. Tom Barnes ESA I Water 707 Wilshire Boulevard, Suite 1450 Los Angeles, CA 90017 RE: Preparation of an Archaeological Evaluation and Data Recovery Plan for the San Juan Capistrano Water Agency Dear Tom: Per the City of San Juan Capistrano's recent request, Applied EarthWorks, Inc. (jE)is pleased to submit our proposed scope of work and cost estimate to prepare the Archaeological Evaluation and Data Recovery Plan(AEDRP)for the City's Recycled Water Master Plan. To complete this additional task, F will update and modify a similar plan we prepared for the City of San Juan Bautista,tailoring the details of the plan to meet the specific needs and requirements of the current project. We do not anticipate conducting any additional fieldwork or research at this time. However, our proposed budget includes time for one meeting in Sacramento with Cookie Him and or other regulators. Our estimated cost to complete these tasks is $5,048.00. Please refer to the attached spreadsheet for budget details, and contact me if you have any additional questions. Sincerely, Yo7 A Barry A. Price,M.A.,RPA Principal Archaeologist COST PROPOSAL Preparation of Archaeological Evaluation and Data Recovery Plan San Juan Capistrano Water Agency APPLIED EARTHWORKS, INC, 23 April 2008 Labor: Hours Rate Cost Principal Archaeologist(BP) 24 $132.50 $3,180.00 Field Supervisor(RL) 16 $64.80 $1,036.80 Historian(RB) $67.80 $0.00 Production Manager(SR) $69.30 $0.00 Graphics/GPS Technician (LM) $51.00 $0.00 Administrative Support(ML) 8 $35.20 $281.60 Total Labor: $4,498.40 Other Direct Costs(ODCs): No. Rate Cost Information Center Fees Per diem Equipment,Vehicles, and Travel $500.00 Photographstphotocopies Production, Duplication, Supplies Total ODCs $500.00 Administrative Fee $50.00 Total Cost: $5.048.40 0 0 AMENDMENT NO. 2 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this � day of 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and ENVIRONMENTAL SCIENCE ASSOCIATES., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City and consultant have entered into a Personal Services Agreement dated September 19, 2006, for a total of $187,327 for environmental consultant services for the Recycled Water Master Plan Update, and, WHEREAS, Amendment No. 1 to this agreement dated October 20, 2006 for $28,000, was implemented for additional services. WHEREAS, City and Consultant agree that additional services outlined in the cost estimate as set forth in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Additional Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A" for Cultural Resources Evaluation. 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. Additional Compensation. City hereby agrees to pay the additional sum of Twenty Thousand, Two Hundred Twenty-Six dollars and thirty Cents ($20,226.30) for a revised total contract price of $235,553.30 to Consultant for those services performed as set forth in Exhibit "A". These additional services to the Agreement shall commence on the effective date of this Amendment. Section 3. Relationship to Agreement. Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. 1 SD Section 4. Contract Term. This Agreement will extend the contract completion date to December 30, 2008. Section 5. Entire Agreement. This entire Agreement between the City and Consultant with respect to those extra services described herein and any other understandings, oral or in writing, are hereby superseded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN AN CAPISTRANO By: a� , SanY Allevato , Mayor CONSULTANT By: —�---- Environmental Science Associates ATTEST: Ma g rL6t R. Monahan, City Clerk APPROVED AS TO FORM: John R. Sh w, City Attorney 2 707 Wilshire Boulevard www.esassoc.com ESA Water Suite 1450 Los Angeles,CA 90017 213.599.4300 phone 213.599.4301 fax August 3,2007 Eric Bauman City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: City of San Juan Capistrano Non-Domestic/Recycled Water Master Plan Update Section 106 Cultural Resources Consultation Scope of Work Dear Eric: ESA is pleased to submit this proposal to conduct a Cultural Resources Evaluation in support of the City of San Juan Capistrano's Non-Domestic/Recycle Water Master Plan Update. The major component of the project involves expanding the City of San Juan Capistrano's non-domestic water system through the addition of a network of pipelines, pump stations, and storage reservoirs to connect with specific water users within each pressure zone. The proposed project is subject to the provisions of Section 106 of the National Historic Preservation Act(NHPA), which require that federal agencies consider the effects of their undertakings on historic properties. The City must comply with Section 106 NHPA to be eligible for State Revolving Fund (SRF) loans. This letter provides a brief scope of work and cost estimate based on our understanding of your need to provide information to the State Water Resources Control Board(SWRCB) for their consultation requirements with the California State Historic Preservation Officer(SHPO). ESA is pleased to include Applied Earthworks (fE) on the project team. /E will conduct the majority of the project work with ESA providing overall project management and quality assurance. ,E is a consulting firm specialized in history, archaeology, and cultural resources management. Since 1995, they have successfully completed more than 1,500 projects for over 120 public and private sector clients including federal and state agencies, utilities companies, engineering firms, environmental consultants, construction companies, irrigation districts, as well as counties and cities throughout the western United States. lE staff have a thorough understanding of federal regulatory requirements (NEPA, Section 106), as well as other local regulatory requirements and compliance procedures. In keeping with the approach outlined in our recent meeting with SWRCB, three primary tasks are necessary to complete the cultural resources portion of the project. These include field studies, Native American consultation, and a revision to the cultural resources inventory report. Additionally, the team will assist in consultations with the State Water Resources Control Board to facilitate the Section 106 review process. These tasks are described in greater detail below. EXHIBIT "A" N' ESA Water r.' Eric Bauman August 3, 2007 Page 2 Scope of Work Task 1: Field Studies The original records search indicates that more than 70 prehistoric and historical archaeological sites are recorded in the general vicinity of the proposed project, and approximately'18 sites may be directly affected. During this phase of work, !E will relocate and inspect each of these sites and assess their current condition, status, content, integrity, and potential project effects. Task 2: Native American Consultation IE will place follow-up telephone calls to each of the tribal representatives contacted for the project in 2006 to solicit more detailed information on the sites in question. If requested, Native American consultants may visit the project area while lE is conducting field inspections. Task 3: Documentation. tE will revise and update the existing cultural resources inventory report to meet federal standards for use in Section 106 consultation. The ultimate objective of the work is to provide the site reconnaissance and data needed to better evaluate the impact on historic sites. In order to support this finding, it may become necessary to perform some limited test excavations at certain sites to determine whether or not archaeological remains are preserved within the Area of Potential Effects (APE). Such work, however, is not included in the current workscope because it is not possible to predict the level of effort for such testing prior to the field inspections. The team will prepare a summary report for submittal to SWRCB staff for use in their consultation with SHPO. The team will discuss the report with Districts and SWRCB staff. ESA andlE will incorporate Districts and SWRCB edits into the report. Should SWRCB or SHPO staff require additional testing or data recovery based on the information obtained in the surveys, a new scope of work will be prepared. Task 4: SWRCB Consultation and Project Management SWRCB has explicitly requested to be informed of survey results as soon as possible and to be included in the review of the summary report. To this end, ESA proposes to meet with SWRCB personnel as follows: • One phone meeting to verify survey initiation ■ One phone meeting to discuss field results following completion of field work. • One in personmeeting in Sacramento to discuss SWRCB comments on the draft survey report ■ One phone meeting to discuss data needs for SWRCB consultation with SHPO. ESA Water Eric Bauman August 3, 2007 Page 3 Cost Estimate The following table summarizes our level of effort estimate to conduct the scope of work outlined above. Hours $/hour Total Field Studies, Native American Consultation and Documentation Principal Archaeologist 20 $127.40 $2,548.00 Field Supervisor 126 $63.80 $8,038.80 Production Manager 12 $66.60 $799.20 Graphics/GPS Technician 20 $49.10 $982.00 Administrative Support 8 $29.80 $238.40 Subtotal $12,606.40 Consultation with SWRCB and Project Management Principal Archaeologist 16 $127.40 $2,038.40 Tom Barnes, ESA Southern California Group Manager 16 170 $2,720.00 Lauren Campbell, ESA Associate 16 85 $1,360.00 Subtotal $6,118.40 Other Direct Costs(ODCs) Information Center Fees $250.00 Travel $750.00 Equipment, Vehicles, and Travel $915.00 Production, Duplication, Supplies $200.00 Subtotal $1,365.00 Administrative Fee $136.50 TOTAL $20,226.30 Attached to this letter is EE's proposal to ESA. if you have any questions regarding this letter proposal,please don't hesitate to call me. Sincerely, Tom Barnes Southern California Group Manager Enc.EE Proposal 5090 North Fruit Avenue APP10d Suite 101 Fresno,CA 93711-3064 856 WHOM, FAX 229)229- R�l FAX(559)229-2019 21 July 2007 Mr. Tom Barnes ESA J Water 707 Wilshire Boulevard, Suite 1450 Los Angeles, CA 90017 RE: Cultural Resources Studies for the San Juan Capistrano Water Agency Dear Tom: Applied EarthWorks, Inc. ()E)is pleased to submit this proposed scope of work and cost estimate to perform followup cultural resource studies in support of the City of San Juan Capistrano's Non- Domestic/Recycled Water Master Plan Update. In keeping with the approach outlined in our recent meeting in Sacramento with Eric Bauman and Cookie Him, it is necessary to conduction additional field studies, continue consultation with local Native American representatives, and prepare additional documentation to support the State Water Resources Control Board's(SWRCB) consultation with the California State Historic Preservation Officer (SHPO) under Section 106 of the National Historic Preservation Act. Each of these tasks is described in greater detail below. Field Studies. The original records search indicates that more than 70 prehistoric and historical archaeological sites are recorded in the general vicinity of the proposed project, and approximately 18 sites may be directly affected. During the current phase of work, k will relocate and inspect each of these sites and assess their current condition, status, content, integrity, and potential project effects. Native American Consultation. tE will place follow-up telephone calls to each of the tribal representatives contacted for the project in 2006 to solicit more detailed information on the sites in question. If requested, Native American consultants may visit the project area while 'E is conducted our field inspections. Documentation. tE will revise and update the existing cultural resources inventory report to meet federal standards for use in Section 106 consultation. Per our discussion with Cookie Him, the objective of the current work is to provide the site reconnaissance and data needed to better evaluate the impact on historic sites. It may also become necessary to perform some limited test excavations at certain sites to determine whether or not archaeological remains are preserved within the Area of Potential Effects (APE). Such work, however, is not included in the current workscope because it is not possible to predict the level of effort for such testing prior to the field inspections. We have allocated 2.5 hours per site for our Field Supervisor to relocate and assess each of the 18 sites that may be affected by the proposed project. Including round trip travel from our regional 2 office in Hemet, we anticipate that the fieldwork can be completed in 7 eight-hour field days. Additional time is allocated to review all site records, maps, and other documents prior to initiating the fieldwork. We have allocated 102 hours to prepare site inventory records, revise and update the cultural resources inventory report, and prepare maps and other graphics suitable for presentation to the SWRCB and SHPO. These ours are distributed among the Principal Archaeologist, Field Supervisor, and documents production staff. In addition, we have allocated 18 hours for the Principal Archaeologist to attend one meeting in Sacramento with SWRCB and provide general consultation, coordination, and quality assurance throughout the duration of the project. Total cost for conducting the work described above, including all direct labor, employee benefits and overhead, outside services, other direct costs, and fee, is estimated at$16,145.00. Our cost estimate is effective for up to 90 days following the date of this proposal. We appreciate the opportunity to provide this scope of work and cost estimate, and look forward to helping move the project toward successful completion. Sincerely, Yo7 A Barry A. Price, M.A., RPA Principal Archaeologist 0 0 AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS AMENDMENT is made and entered into this I54ay of QC*ber 2006 by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Environmental Science Associates, (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City and Consultant have entered into a Personal Services Agreement dated September 19, 2006, for a total of $187,327 for environmental consultant services for the Recycled Water Master Plan Update; and, WHEREAS, City and Consultant agree that additional services outlined in the cost proposal as set forth in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. City and Consultant mutually agree as follows: Section 1. Additional Work The additional scope of work to be performed by Consultant shall consist of additional design services as set forth in Exhibit "A". 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. Additional Compensation City hereby agrees to pay the additional sum of Twenty-Eight Thousand, ($28,000) for a revised total contract price of $215,327 to Consultant for those services performed as set forth in Exhibit "A". These additional services to the Agreement shall commence on the effective date of this Amendment. Section 3. Relationship to Agreement Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. Section 4. Entire Agreement This entire Agreement between City and Consultant with respect to those extra services described herein, and any other understandings, oral or in writing, are hereby superseded. 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: G.L*.._ Dave Adams, City Manager CONSULT T By: / Env' onmen al Science Associateg ATTE T: Mar . Mo aha it Cle APPROVED A TO FORM: John R. Sh , City Attorney 2 436 14th Street - - �• - Suite 600 Oakland,CA 94612 510.839.5066 510,839.5825' October 2, 2006 Peter Salgado City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,California 92675 Subject: Proposal to Prepare a NEPA Environmental Assessment for the San Juan Capistrano Non- Domestic/Recycled Water Master Plan Dear Mr. Salgado: ESA is pleased to submit for your consideration our proposal to conduct additional environmental analysis pursuant to the National Environment Policy Act(NEPA)for the San Juan Capistrano Non-Domestic/Recycled Water Master Plan. This letter presents a scope, budget and schedule to provide NEPA compliance required to be eligible for Title XVI funding from the US Bureau of Reclamation (BOR). Scope of Work Task 1: Coordination with US Bureau of Reclamation ESA would arrange and attend meetings with BOR staff to determine the scope and format of the NEPA compliance document. We assume for purposes of this proposal that an Environmental Assessment(EA)would be the appropriate level of effort for this project leading to a Finding of No Significant impact(FONST. ESA would confirm this understanding and would discuss process, format, and content requirements needed for BOR approval. We assume two meetings would be required for this task. Task 2: Prepare Draft Environmental Assessment (EA) We assume that the EA would be prepared in parallel with the Environmental Impact Report(EIR). We assume that the BOR will request that the EA be prepared as a stand-alone document prepared pursuant to the BOR's NEPA Handbook. Much of the detailed analysis for the EA would be compiled from the EIR and modified to comply with NEPA content and format requirements. Preparation of the EA would involve the following tasks: • Review BOR NEPA Handbook for format and content requirements • Conduct scoping with federal agencies as appropriate • Prepare purpose and need • Prepare project description • Identify project alternatives • Compile relevant setting and impact analysis from the EIR • Identify appropriate environmental protection measures to minimize potential impacts • Prepare impact conclusions • Prepare Notice of Availability • Make EA publicly available pursuant to BOR NEPA requirements The EA would evaluate the projects consistency with federal laws including the Endangered Species Act, Clean Water Act, Clean Air Act, and the National Historic Preservation Act. EXHIBIT A Peter Salgado October 2, 2006 Page 2 ESA would submit five copies of the draft EA to the City and BOR, including an electronic submission in the format preferred by each entity. ESA would incorporate comments from both the City and BOR and publish the EA pursuant to BOR NEPA Handbook requirements. We assume that the City would print and mail copies of the EA as appropriate to comply with the BOR's public availability requirements. These arrangements will be determined during the Task 1 consultation. Task 3: Respond to Comments on EA and Prepare Draft FONSI ESA will meet with the City and BOR to evaluate comments received on the EA. ESA will prepare responses to comments if necessary to clarify the draft EA. ESA will prepare a draft FONSI compiling the conclusions of the EA for adoption by the BOR. Cost Estimate The following estimate has been prepared to outline the costs related to each task associated with the ESA's role in the NEPA process. Reimbursable expenses, including travel/parking,etc., would be invoiced in accordance with ESA's standard rate schedule. COST ESTIMATE CITY OF SAN JUAN CAPISTRANO NEPA SUPPORT Task Cost Task i—Consult with BOR $2,000 Task 2—Prepare Draft Environmental Assessment(EA) $20,000 Task 3—Respond to Comments on EA and Prepare Draft FONSI $5.000 Reimbursable Expenses(travel,document preparation,etc.) $1,000 Total $28,000 Schedule ESA will complete the draft EA in parallel with the EIR. Subsequent deadlines will be determined based on the review times by the City and BOR. Please call me with any questions. Sincerely, Tom Barncs Senior Proicet Manager ESA PERSONAL SERVICES AGREEMENT d'`1 THIS AGREEMENT is made and entered into this � day of 2006, by and between the City of San Juan Capistrano (hereinafter referred t as the "City") and ENVIRONMENTAL SCIENCE ASSOCIATES., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to environmental consultant services for the Recycled Water Master Plan Update; 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 the Request for Proposal, dated June 12, 2006, Environmental Science Associates' proposal, dated July 2006, and Supplemental Letter, dated August 4, 2006, 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 no later than June 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be for a lump sum of One Hundred Eighty-Seven Thousand Three Hundred Twenty-Seven Dollars ($187,327) as set forth in Exhibit "A", attached and incorporated herein by reference. 1 3.2 Rate Schedule. The services shall be billed to the City as 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 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. Notwithstanding the payment terms outlined in Exhibit "A", 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. 2 0 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. Consultant shall complete the Scope of Services as set forth in the schedule included Request for Proposal, dated June 12, 2006, Environmental Science Associates' proposal, dated July 2006, and Supplemental Letter, dated August 4, 2006, incorporated herein by reference. Section g. 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. 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 3 0 0 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 12. Indemnity. Consultant agrees to protect, and hold harmless City, its elected and appointed officials and employees from any and all liabilities, expenses or damages of any nature, including reasonable attorneys' fees, for injury or death of any person or damage to property or interference with use of property resulting from errors and omissions committed by Consultant arising from the negligent acts of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 13. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it 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. 13.1 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. 13.2 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; 4 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 13.3 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. 13.4 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 to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.5 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. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 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 14. 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. 5 0 0 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: Public Works Director To Consultant: Tom Barnes Environmental Science Associates 707 Wilshire Blvd. Los Angeles, CA 90017 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 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. 6 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: 6L2(�'� 0�4� David M. Sw dlin, Mayor CONSULTANT / Environmental Science Associates Leslie Moulton, Vice President ATTEST: AAI"11� M r ret R. Monahan, City Clerk APPROVED S TO FORM: John R. haw, City Attorney 7 ' 1�1 A • 707 Wilshire Boulevard • www.esassoc.com ,MA Water suite 1450 Los Angeles,CA 90017 213.599.4300 phone 213.599.4301 tax July 10,2006 Mr. Peter Salgado City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: FEE PROPOSAL Environmental Consultant Services for the Non-Domestic/Recycled Water Master Plan— Program EIR Dear Mr. Salgado: Environmental Science Associates is pleased to submit herein one copy of our fee proposal associated with our proposal for the preparation of a Program EIR for the City of San Juan Capistrano's Non-Domestic/Recycled Water Master Plan. As requested, we have submitted this fee proposal in a separate, sealed envelope. Our fee proposal summarizes the key assumptions described in our proposal that form the basis of our effort and cost estimate. Please call me if you have any questions. We look forward to hearing from you. Thank you for your consideration. Sincerely, Leslie Moulton Tom Barnes Director, Water and Wastewater Services Senior Project Manager EXHIBIT A Attachment A Pricing Proposal - City of San Juan Capistrano ESA Non-Labor Expenses Reimbursable Costs Project Supplies $ 1,300 Printing/Reproduction $ 6,250 Document and Map Reproductions $ 2,800 Postage and Deliveries $ 1,475 Mileage $ 600 Vehicle Rental $ 80I, Lodging $ _ • Airfare $ 250 , Other Travel Related $ - Subtotal Reimbursable Costs $ 12,755 15%Fee on Reimbursable Expenses $ 1,913 Total Reimbursable Costs $ 14,668 ' ESA Equipment Usage Company Vehicle Usage $ - HP Plotter $ _ GIS Computer Time $ - Trimble GeoXT GPS $ - t • Laptop Computers $ 50 LCD Projector $ 50 Noise Meter $ 50 Sample Pump $ - Surveying Kit $ - Field Traps $ - Digital Planimeter $ - Cameras/Video/Cell Phone $ - Miscellaneous Small Equipment $ - Total Equipment Usage Costs $ 150 H:G:\P206xxx\P206239 San Juan CapistranalWnAing Files\Cost-San Juan Capistrano-ExpenseSummary Attachment A Pricing Proposal Template ESA Non-Labor Expenses by Task 15%Fes Task Numbsr Reimbursable Costs Taal oncosts ..I i.o 20 ao so ED e.o 1 20 1 1 REI' 00 0.0 0.0 0.0 0.o q0 00 00 0.0 o.0 0e ao Pro act Su lies $ 1,495 S 195 $ 1,300 2. 100 I 00o I I i Pontin /Re reduction $ 7,188 $ 938 $ 6,250 700 700 700 2.500 1500 10 50 Document and Map Reproductions $ 3,220 $ 420 $ 2,800 500 300 Soo 10. Soo I Posta eand Deliveries $ 1,696 $ 221 $ 1,475 200 300 200 500 200 50 zs Mileage $ 690 $ 90 $ 600 20o 2oa 200 Vehicle Rental $ 92 $ 12 $ 80 so Lod in $ - $ . $ Airfare $ 288 $ 38 $ 250 250 Other Travel Related $ $ - $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ • ToW Reimbursable Costs $ 14668 $ 1,913 $12.]55 2,130 1,600 2,6004,000 2,200 150 ]5 Task Number ESA E ul ment Unwol. Taal —T.--F-2 o ].e so So e.0 7.0 1 1YREFI a.o 00 0.0 ao 00 0e I0.0I 00 00 o.a Company Vehicle Usage $ HP Plotter $ GIS Computer Time $ Trimble G.XT GPS $ - Laptop Computers $ 50 50 LCD Pioector $ W - 60 Noise Meter $ 50 sa Sample Pum $ Surve'n Kt $ Fold Tape $ Digital Planimeter $ CamerasNideolCell Phone $ Miscellaneous Small Equipment $ $ $ Total E ui ment Usage Costs $ 150 50 100 111 HGW2eom 2052395en Juen Cestan\Working Fika%coe San Juan Capistrano-Exper—Task@tail VIII Attachment B Cost Proposal Template Subconsultant Detail Subconsultant Costs Subtotal Total Visionticape Imagery Applied Earthworks Subconsultant 3 Subconsultant 4 Subconsultant 5 Subconsultant Fee Subconsultant Task Number/Description Eddie Font Barry Price name name name Cost 75% Project Cost Bud et By Task - - - - 1.0 Technical Studies/Reports $ _ $ 2.0 Prepare NOP 30 Prepare Screencheck Draft PER $ 12,800 $ 10,500 $ 23,300 3,495 $ 26,795.00 Prepare Second Screencheck/Public 4.o Draft PER _ 5.0 Prepare Final PER $ _ $ $ 6.0 MMRP $ _ $ $ 7.0 Project Management $ _ $ 0.0 $ $ 00 $ $ #REF! #REF! #REF! #REF! $ $ 0.0 $ $ 0.0 $ $ 0.0 $ $ 0.0 $ $ 0.0 $ $ 0.0 $ $ 0.0 $ $ 0.0 $ $ 00 $ $ $ 00 $ $ 00 $ $ • 0.0 $ $ Subconsultant Total I $ 12,800T$ 10,500 $ - $ - $ - $ 23,300 3,495 $ 26,795 i H:G:T206..kP206239 San Juan CapistranoModcng Files\Cost-San Juan Capistrano-Subconsultant Detail i Environmental Science Associates Pricing Proposal • City of San Juan Capistrano ESA Labor Detail and Expense Summary I Consultln StaNHours Adminlsba6ve Staff Hours t.Maul4m T.flames L.fNnasroof rornf Task Number/Description Sr.Director Sr.PM Tech.Assort Tech.Assocl SrAssm2 SrAssml AasoO Subtotal GrphArt Admin Su tal Hours Labor Price Hourly Billing Rate I $ 180 $ 150 $ 150 $ 135 $ 120 $ 110 $ 95 - $ 75 $ 75 - 1.0Technical Studies IReports 1 8 40 40 20 $ 15,180 2 $ 150 i11 $ 15,330 2.0 Prepare NOP 2 24 4 8 40 $ 10,440 8 4 $ 900 90 $ 11,340 3.0 Prepare Screencheck Draft PER 8 80 40 40 160 60 40 $ 54,440 60 16 $ 5.700 504 $ 60,140 Prepare Second Screencheck/Public Draft 4.0 PER 4 24 4 4 80 20 $ 17,260 20 16 $ 2,700 172 $ 19,960 5.0 Prepare Final PER 4 40 100 24 $ 21,360 16 8 $ 1,800 192 $ 23,160 6.0 MMRP/Findin s 4 8 24 10 $ 5,900 $ 46 $ 5,900 7.0 Project Management 2 16 1 24 $ 5,640 $ - 42 $ 5,640 Total $ 130,220 1 $ 1,250 - $ 141,470 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Hours 25 200 88 92 562 114 40 - 104 46 1,157 -d14 �7 Subtotals-Labor Hours $ 4,500 $30.000 $ 13,200 $ 12.420 $ 67,440 $12,540 $ 3,800 $ 130,220 $ 7,800 $ 3,450 $ - $Percent of Effort-Labor Hours Onl 2.2% 17.3% 7.6% 8.0% 48.6% 9.9% 3.5% 9.0% 4.0% 100.0%Percent of Effort-Total Pro ect Cost 2.4% 16.0% 7.0% 6.6% 360% 6.7% 2.0% 4.2% 1.8°/ - ESA Labor Costs E 141,470 Communications Fee of 3%on ESA Labor Costs $ 4,244 ESA Non-Labor Expenses Reimbursable Expenses(see Attachment A for detail) $ 14,668 ESA Equipment usage(see Attachment A for detail) $ 150 Subtotal ESA Non-Labor Expenses $ 14,818 • Subconsultant Costs(see Attachment B for detail) $ 26,795 TOTAL PROJECT PRICE $ 187,327 H W206xx 206239 San Juan Capistrano\working Filea Cost-San Juan Capistrano-ESA Labor 8 Epense 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 /j SAM ALLEVATO (949)4931171 j/y� IA[IAIIMIFI LAURAFREESE (949)4937053 FAX EST IIIIslip I 1961 THOMAS W.HRIBAR wwwsanjuancapistrano.org V76 MARK NIELSEN • • DR.LONDRES USO TRANSMITTAL TO: Environmental Science Associates Attn: Tom Barnes 707 Wilshire Blvd, Suite 1450 Los Angeles, CA 90017 DATE: March 12, 2009 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Amendment No. 4 to Personal Services Agreement— Recycled Water Master Plan Update 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 Joe Mankawich, Associate Engineer at (949) 487-4313. An original agreement is enclosed for your records. Cc: Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future i0 Printed on 100%recytled paper 3/1712009 AGENDA REPORT D9 TO: Dave Adams, City Manager Vrck FROM: John O'Donnell, Utilities Director SUBJECT: Consideration of Personal Services Agreement and Addendum No. 4 to the Personal Services Agreement for the Terminal Reservoir Project and for the Recycled Water Master Plan Update Program Environmental Impact Report (Environmental Science Associates) (Applied Earthworks)(CIP# 792) RECOMMENDATION: By motion, 1) Approve, and direct the City Manager to sign, Addendum No. 4 to the Personal Services Agreement with Environmental Science Associates (ESA) for an increase of $15,532 to the existing agreement, for the preparation of an Initial Study for the Terminal Reservoir Rehabilitation and updated Biological Assessment for the Recycled Water Master Plan; and 2) Approve, and direct the City Manager to sign, a Personal Services Agreement with Applied Earthworks, Inc. in the amount not to exceed $10,516.50, to prepare, administer and perform a Cultural Resources Consultation for the Recycled Water Master Planned facilities and revise existing cultural resources assessment and treatment plans to reflect the consultation comments. SITUATION: In order for the City to be approved for State Revolving Fund (SRF) or Federal Title XVI grant funding, the City's environmental documents must meet higher National Environmental Protection Act (NEPA) standards. With the State Water Board SRF administrators being recently given the task to oversee the Federal Stimulus Package disbursement of funds, the need to ensure that projects for which the City has submitted for stimulus funding meets these NEPA standards becomes even more important. Over the past year the City, with the aide of its environmental consultant, ESA and cultural resources consultant, Applied Earthworks, has been working with the State Water Board to gain the Board's approval and acceptance of the Program Environmental Impact Report for the City's Recycled Water Master Plan. Staff and its consultants met with State Water Board Representatives in Sacramento on September 2, 2008, to go over the PEIR and the City's pre-application for State Revolving Low Agenda Report March 17, 2009 Page 2 Interest Loan Funding. On January 12, 2009, the Water Board sent a list of concerns and items that required completion before final NEPA approval of the PER could be given ( Attachment 1). The work required includes: • Prepare full CEQA documents addressing the 425N Zone recycled reservoir. The PEIR had previously excluded the reservoirs due to controversy with development of the 475 and 550 Recycled Reservoirs. • Prepare an updated biological assessment which addresses any potential for direct or indirect impacts to special species, including those protected by the Migratory Bird Treaty Act. • Prepare a map delineating the projects being funded by Proposition 50 and those being funded by SRF. • Calculate expected air emissions from the construction and operation of the reservoir. • Indicate if any of the Recycled Water Master Planned Projects will affect wetland areas or Waters of the U.S., of so, provide a copy of wetland delineations prepared to quantify the impacts. • Indicate if the City is in the process of obtaining a coastal zone permit and the status of the permit. • State which Recycled Water Master Planned Projects are located within the 100- year flood zone. • Specify which proposed projects will be within the area subject to inundation resulting from the failure of Trampas Canyon Dam. • Provide an updated cultural inventory assessment, including the performance of a Cultural Resources Consultation, and Treatment Plan for approval by the State Historic Preservation Office. • Provide documentation of attempts to avoid impacts to the Putuidem village site by rerouting of recycled pipelines. ESA and Applied Earthworks have submitted requests totaling $26,048.50 to prepare the documents required to meet the Water Board's requirements as set out in their letter dated January 12, 2009(Attachments 2 & 3). Staff recommends approval of Amendment No. 4 to the Personal Services Agreement with Environmental Science Associates for an amount not to exceed $15,532. Staff also recommends approval of a Personal Services Agreement with Applied Earthworks in the amount not to exceed $10,516.50. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission was updated of the course of this component of the RWMP and PEIR at their February 24, 2009, meeting. Agenda Report March 17, 2009 Page 3 FINANCIAL CONSIDERATIONS: The Fiscal Year 2008-2009 Capital Improvement Budget included $6,434 as a carry- over of funds for the PEIR preparation. These funds were expended by Amendment No. 3. The recommended Amendment to the Personal Services Agreement with ESA and Personal Services Agreement with Applied Earthworks will require that a budget transfer of $28,652.50 (cost of services plus a 10% contingency) from the Recycled Water Fund to the Recycled Water EIR and LILA Project (CIP 792). NOTIFICATION: Environmental Science Associates Applied Earthworks, Inc. RECOMMENDATION: By motion, 1) Approve, and direct the City Manager to sign, Addendum No. 4 to the Personal Services Agreement with Environmental Science Associates (ESA) for an increase of $15,532 to the existing agreement, for the preparation of an Initial Study for the Terminal Reservoir Rehabilitation and updated Biological Assessment for the Recycled Water Master Plan; and 2) Approve, and direct the City Manager to sign, a Personal Services Agreement with Applied Earthworks, Inc. in the amount not to exceed $10,516.50, to prepare, administer and perform a Cultural Resources Consultation for the Recycled Water Master Planned facilities and revise existing cultural resources assessment and treatment plans to reflect the consultation comments. Respectfully submitted, Prepared by, John G. O'Donnell Joe Mankawich Utilities Director Associate Engineer Attachments: 1. January 12, 2009, State Water Board Letter 2. Amendment No. 4 to ESA PSA 3. Personal Services Agreement—Applied Earthworks, Inc. State Water Resources Control Board Division of rat FinancialAssistance LlodP S Adsma 10011 Su •SaMEWO,Calftnia 95814-(9i6)341,5700 3FAX(916)341-5707 Seoaaayfw Wailing Addmr: P.O.Box 944212•Saawnmlo,Caldomia•94244.2120 Arnold Sehwarseoayaer Emuonnunld PrWealon Imam Add=: htmJAnrw.wahrh®M:.rnuv Gow<mor JAN 1 2 2009 Mr. David Adams City Manager City.of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Mr..Adams: UPDATE ON ENVIRONMENTAL REQUIREMENTS; CITY OF SAN JUAN CAPISTRANO (CITY); RECLAIMED WATER CONVEYANCE SYSTEM—CLEAN WATER STATE REVOLVING FUND(CWSRF) NO. C-06-4730-110; RECYCLED WATER TRANSMISSION SYSTEM IMPROVEMENTS—SOUTH ORANGE COUNTY INTEGRATED REGIONAL WATER MANAGEMENT(IRWM) IMPLEMENTATION GRANT AGREEMENT NO.07-542-550-0, COMPONENTS This letter is intended to follow up with the City regarding the items still required before the State Water Resources Control Board (State Water Board)can continue with its environmental review of the CWSRF and IRWM Project. Mr. David Balgobin had highlighted the main environmental ct)mponents in his December 9, 2008, letter without going into specifies. Afterwards,.State Water Board staff met with the City staff on December 11,2008;hence the purpose of this tetter is to elaborate on outstanding items as discussed with the City staff. Please provide the following: 1. During the State Clearinghouse public review period,submit a copy of the draft California Environmental Quality Act(CEQA)document addressing the reservoirs. We would be willing to review any administrative drafts beforehand. Afterwards, submit the following: a)All comments received during the public review period and the City's responses to comments, b)a resolution adopting or certifying this CEQA document, adopting a Mitigation Monitoring and Reporting Program(MMRP), and making CEQA findings, c)the final MMRP, d)the final CEQA document, and e)a Notice of Determination filed with the State Clearinghouse. 2. For the CWSRF and IRWM Project submit an updated biological assessment,which addresses any potential for direct and indirect impacts to special status species, including species protected by the Migratory Bird Treaty Act. 3. Submit the final CWSRF and IRWM Project description and the most updated map. 4. Identify the air quality non-attainment status(e.g., moderate, serious,severe, or extreme)for ozone and particulate matter less than 10 microns in diameter for the CWSRF and IRWM Project. 5. Calculate the expected air emissions, in tons per year, from the construction and operation of the reservoirs. California Environtnental Protecdon Agency ATTACHMENT 1 R-xkdPapn Mr. David Adams -2- JAN 1 Z 2009 6. Indicate if the CWSRF and IRWM Project will affect wetland areas or Waters of the U.S., and If so, provide a copy of the wetland delineations prepared to quantify the impact from the CWSRF and IRWM Project. T. Please indicate if the City is in the process of obtaining a coastal zone permit and the status of that permit. B. The Hood map in the Program Environmental Impact Report(PEIR) indicates that some CWSRF and IRWM Project structures will be located in the 100-year Hood zone. To clarify, state which structures will be located in the 100-year Hood hazard area(Refer to Figure 4.4-1 of the PEIR). 9. Page 4.4-2 of the final PEIR mentions that"Portions of the City are subject to inundation associated with failure of the Trampas Canyon Dam,located two miles east of the City limits within a tributary of San Juan Creek. The inundation areas projected for failure of Trampas Canyon Dam are similar to that projected by the 100-year flood. However, east of Interstate 5,the area of inundation due to dam failure is slightly greater along San Juan Creek than the area impacted by the 100-year flood." Please specify which CWSRF and IRWM Project structures, If any,will be within this area subject to inundation resulting from failure of the Trampas Canyon Dam. 10. Provide an updated inventory report and draft treatment plan for cultural resources. _ 11.Provide documentation of attempts to avoid impacts to CA-ORA-855 by rerouting the pipeline. Please submit these items to Mr. David Balgobin, CWSRF Project Manager,and he will coordinate with me. Your continued cooperation is greatly appreciated. Feel free to contact me at(916)341-M3, or by email at MI-JonesAwaterboards.ca.aov should you have any questions or concerns regarding this letter. Sincerely, Michelle L Jones Environmental Scientist cc: . Mr.Joe Mankawich Associate Engineer City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Mr.John O'Donnell Utilities Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 California Environmental Protection Agency Mr. David Adams -3- iAN 12 2009 Mr:Eric Bauman Water Engineering Manager City of San Juan Capistrano 32400 Paseo Adelanto Sen Juan Capistrano, CA 92675 Mr. Peter Salgado City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Mr.Tom Barnes Manager ESA, Southern California Region 707 Wilshire Boulevard Suite 1450 Los Angeles, CA 90017 Ms. Kari Schumaker Environmental Engineering Specialist County of Orange Resources&Development Management Department Watershed&Coastal Resources P.O. Box 4048 Santa Ana,CA 92702-4048 a California Envbnnmenml Prolectlon Agency xt".Wpq. AMENDMENT NO. 4 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this_day of , 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and ENVIRONMENTAL SCIENCE ASSOCIATES., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City and consultant have entered into a Personal Services Agreement dated September 19, 2006, for a total of $187,327 for environmental consultant services for the Recycled Water Master Plan Update, and, WHEREAS, Amendment No. 1 to this agreement dated October 20, 2006 for $28,000, was implemented for additional services. WHEREAS, Amendment No. 2 to this agreement dated November 6, 2007 for $20,226.30, was implemented for additional services. WHEREAS, Amendment No. 3 to this agreement dated May 20, 2008 for $6,185.66, was implemented for additional services. WHEREAS, City and Consultant agree that additional services outlined in the cost estimate as set forth in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Additional Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A" to conduct an Initial Study and Mitigated Negative Declaration for the Terminal Reservoir Project and Biological Assessment requested by the State Water Board for the Recycled Water Program EIR. 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, Additional Compensation. City hereby agrees to pay the additional sum of Fifteen Thousand, Five Hundred Thirty-two Dollars ($15,532) for a revised total contract price of $257,270.96 to 1 ATTACHMENT 0 0 Consultant for those services performed as set forth in Exhibit "A". These additional services to the Agreement shall commence on the effective date of this Amendment. Section 3. Relationship to Agreement. Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. Section 4. Contract Term. This Agreement will extend the contract completion date to December 30, 2009. Section 5. Entire Agreement. This entire Agreement between the City and Consultant with respect to those extra services described herein and any other understandings, oral or in writing, are hereby superseded. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: — - Dave Adams, City Manager CONSULTANT By: Environmental Science Associates ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Omar Sand6val, City Attorney 3 F1 A 707 wdahlre Bpulevard WWW esassoc cam jS - Water suite 1450 Loa Angeles,CA 90017 219.599.4300 phone 213.599.4301 lax February 2,2009 Mr. Joe Mankawich City of San Juan Capistrano iMankaWiCh@SanJuanCapistrano.org Subject: Proposal to Prepare an Initial Study Leading to a Mitigated Negative Declaration for the Terminal Reservoir Project and Biological Assessment for SWRCB Purposes Dear Joe: ESA appreciates the opportunity to submit this proposal to conduct an environmental assessment pursuant to the California Environmental Quality Act(CEQA) for the terminal Reservoir project. It is our understanding that the City is proposing to demolish the existing terminal reservoir and construct a new 4 million gallon reservoir at the same location.The project was described in detail in the Program Environmental Impact Report(PEIR)prepared for the City's Recycled Water Master Plan.The PEIR provided a program level of analysis for the project.This proposal would provide project level CEQA review in order to implement the project. Scope of Work CEQA Compliance ESA will prepare an Initial Study(IS)pursuant to CEQA Guidelines to evaluate potential impacts of the proposed storage reservoir installation project.The IS will include a project description that will describe the proposed project and list the project objectives. ESA will complete the CEQA checklist,providing necessary information to determine the significance of potential environmental impacts. ESA will provide brief discussions for each resource area identified in the Checklist to adequately explain impact significance conclusions.The IS will identify mitigation measures if necessary to minimize potential impacts.The IS will incorporate information included in the PEIR including biological and cultural resources assessments. ESA will survey the site to confirm the findings in the PEIR. For purposes of this scope proposal,we assume that the IS will conclude that a Mitigated Negative Declaration (MND)will be the appropriate CEQA compliance document. ESA will submit five copies of the draft of the ISIMND to the City for review.ESA will incorporate the City's comments and prepare up to 35 copies of the IS/MND for public review.We assume that the City will develop a mailing list and mail the document for public review. ESA will assist the City to ensure compliance with CEQA process requirements. Following the public review period,ESA will compile comments received and prepare responses as part of the record for the project. For purposes of this proposal,we assume that fewer than ten comment letters will be received. ESA will provide 10 copies of the responses to comments and an electronic copy on a CD. ESA will EXHIBIT "A" r ESA Water J Joe Mankawich February 2,2009 Page 2 prepare a draft Notice of Determination(NOD). ESA will incorporate City comments and file the Final NOD with the State Clearinghouse and the County. ESA will be available to meet once at the City of San Juan Capistrano and participate in up to three conference calls regarding the project. Biological Assessment and Other Information Requested by SWRCB ESA will incorporate information from the Program EIR(PEIR)into the Biological Assessment(BA)format provided by the SWRCB.We assume that the information in the PEIR is appropriate for the BA.ESA will submit the draft BA to the City for review. ESA will incorporate comments and resubmit to the City.ESA will also compile the information requested in SWRCB's letter received January 12,2009 from Michelle Jones for inclusion in a submittal to SWRCB.We assume that the information to be included in this submittal is similar to the information in the PEIR and in previous submittals. Cost Estimate and Schedule ESA would conduct the above scope of work for a fee of$15,532.The attached spreadsheet provides more detail on the cost estimate.The following table summarizes the proposed schedule. Prepare Draft IS/MND Four weeks from start date Incorporate edits and publish IS/MND Two weeks Public review Four weeks Prepare responses to comments Two weeks The City adopts MND Four weeks? TOTAL Sixteen weeks from start date The scope and fee estimate do not include conducting pre-construction surveys for potential concerns, if you have any questions regarding this proposed scope please give me a call. We look forward to hearing from you. Sincerely, Tom Barnes Director Southern California Water Group Environmental Science Associates Pricing Proposal Template ESA Labor Detail and Expense Summary City of San Juan Capistrano Terminal Reservoir ISMND Cslsalloers Aamk"%NK orw Staff TB Nls JNMo NP Tow ToW Task Numbml Dsse on Dir .."N=3 I subroral AdaXinphArt Cleftd I sublaW Noun Lebar Pdee Hou BTin Rate E. 170 $ 100 ,�+'a:;":p,.ver f 85 $ 60 01 PrOjOctlillArReOnnantfCoordination 8 $ 1,360 4 $ 340 12 $ 1,700 m Prepare Draft tSfMND 16 48 i$ 7,520 4 $ 340 68 $ 7.860 mPrepare ISMND 2 8 $ 1,140 4 4 $ 580 18 $ 1,720 a Prepare Response to Comments 4 8 $ 1,480 $ 12 S 1,480 $ 12,760 • $ $ IF 5.0 PEIR Blefticall Assewmerd 4 8 $ 1,480 2 S J17O214 $ 1650$ s$ $ - $ 1,650 Total Houn 34 72 �,y'. - 14j$ 240 4124 RAM kMiiIIIIIISYbtotsts-Labor Houn f 5,780 $ 7,200 S 126E 1,190 $+ $ 14,410Percent of Effort-Labor Hours On 27.4% 58.1% "d I'NQti 11.3% .2% 100.0% Percent of Effort-Total Pro'ect Cost 37.2% 46.4% .+,-+.g'�+' 7.7% .5%. ESA Labor Costs $ 14,410 Communicatioru Fw,of 3%on ESA Labor Costs $ 472 ESA Non-Labor Expenses Reenburseble Expenses(see Attachment A for detail) S 690 ESA Equipment usage(see Attachment A for detail) $ Subtotal ESA Non-Labor Expenses $ 690 Subconsuhant Coats(sw Attachm and B for detalll f - TOTAL PROJECT PRICE $ 15,632 • X -i M H:G:406W02W23a.W-San Juan GapiWrio`Lm4x11CMof sm Jwn lermmtl rase r YND cwr PrWrmar2 ESA Lao aExpense PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made,entered into,and shall become effective this_day of , 2009, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Applied Earthworks, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's request to perform a Cultural Resources Consultation and other cultural resources services as set out in attached email from Barry Price dated September 16, 2008; 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. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed Ten Thousand Five Hundred Sixteen Dollars and Fifty Cents ($10,516.50), total contract amount, compensation includes all expenses, as set forth in Exhibit "B," attached and incorporated herein by reference. 1 ATTACHMENT 3.2 Method of Payment Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 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 employed 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. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for In the contract documents as requested bythe 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/or Construction Site. By executing this Agreement, Consultant warrants that: (1)it has investigated the work to be performed; (2)if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or 2 0 0 unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. action 8. Time of Essence. Time is of the essence in the performance of this Agreement. action 9. Compliance with law: E-Verify. 9.1. Compliance with law. Consultant shall comply with all applicable laws, ordinances,codes and regulations of federal, state and local government. 9.2. E-Verify. if Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis.gov, or access the registration page at https://www.vis-dhs.com/emoloyerregistration. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Sectlon 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. action 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 0 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. Indemnitv. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, 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 damages of any nature, including interference with use of property,arising out of,or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense,shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. 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 an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General 4 Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 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 an amount not less than one million dollars per occurrence ($1,000,000.00). 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 naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant: premises owned,occupied or used by Consultant;or automobiles owned,leased, hired,or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the tens 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. 5 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 Consultant. In addition, this Agreement may be terminated by any party 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: Utilities Director To Consultant: Applied Earthworks, Inc. 743 Pacific Street Suite A San Luis Obispo, CA 93401 Attn: Barry Price Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terns of this Agreement, the prevailing party shall be entitled to reasonable attomeys'fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 6 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: Dave Adams, City Manager APPLIED EARTHWORKS, INC. By: Barry Price, Vice President ATTEST: Margaret Monahan, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney 7 Page 1 of 3 Joe Mankawich From: Barry Price[bpricaeappledearthworks.comj Sent: Tuesday, September 16,2008 7:20 PM To: Joe Mankawich;Eric Bauman Cc: Tom Barnes' Subject: RE:Additional funding for SJC project Attachments:final cost proposalxls Joe and Eric, Per your request, I've broken down my cost estimate by each task so you can see why I think these costs are going to be a little higher than anticipated. 1. Contacting the Native American Heritage Commission, requesting a search of their Sacred Lands Inventory lues,and obtaining an updated referral list 4 hrs for a technician to prepare request letters and supporting maps and data,submit the request to the NAHC, and receive and review their response 2. Making follow up phone calls to all contacts on the Heritage Commission referral list to advise them about the project. Teri Delcamp has advised me that there are currently 8-10 individuals listed. Providing updated maps and descriptive information about the project to each of them. 6 hrs for the Principal(me)to make the phone calls and consult with tribal reps; 3 hrs for technician to prepare and mail follow-up information 3. Contacting and consulting with other Interested parties Identified by Teri Decamp. 6 hrs for the Principal to make the phone calls and consult with other interested parties;3 hrs for technician to prepare and mail follow-up information 4. Arranging for on-alts meetings in San Juan Capistrano. 2 hrs for Principal to coordinate with Cookie,City officials,multiple tribal reps, and other interested parties 5. Attending the onaeits meetings in San Juan Capistrano(2 days,including treveQ. 20 hrs for Principal(based on Teri's recommendation,we should meet separately with the different reps) 6. Further consultation and coordination with Coolie Him. 2 hours for Principal 7. Revising and reissuing the project Inventory report and treatment plan to Include the results of these additional consultations and reoommendetions from the tribes and other parties. This includes updating and revising the text as well as all the maps and graphics for both documents so they are internally consistent and show all the information requested by Cookie. 54 We distributed among the Principal,Draftsperson, Publication Manager, and Technician As shown on the attached Excel spreadsheets,the total amounts to 100 hours of labor, plus travel and other expenses(be sure to look at both tabs on the spreadsheet). This may seem Ike a lot, but 1 can tell you that dealing with the tribes always takes longer then you think, and preparing the final maps,graphics, and documents to support the SHPO consultation will also take quite a bit of effort. Obviously,we will be as efficient as we possibly can and if we can get it done In less time we will, but I don't want to underestimate the effort and then have to go back to you again with hat In hand. Please let me know your thoughts. We're ready to get this moving to try to meet Cookies schedule. Barry Barry A.Price,M.A.,RPA Vice President Applied EarthWorks,Inc. 1391 W.Shaw Avenue,Suite C Fresno,CA 93711 559-229-1856 x11 3/=009 EXHIBIT "A" m 'm x x LU 888888$888 $88888 88 88888 888 8 888888 8 yoe00000 o'o9Qooyy gQ ooaQB o00 o ca�QQooe o i� i0 KK 2G 2233 R 79 dS n ■ Ue Sf$^$^8n 81�m8 g�F�g{{yp�$8$b 8mi, b8 'C8S88y�8 8888 8 y Yn 6 a2;; <i bt�ONN O! O M 1fl�R NM LL --- M -------- 055 0 0 0 0 0 0 0 0 0 0 0 0 0 W N N 0 4 G O C O C G O- G G ON G G 8 8 ` • d Z H g _ WE LLLLue 911,1 VLL � xLLILJ xaf63 h wLL 't� 10 H PROPOSED LABOR ALLOCATION Find Nag"Amwk&VSwdon 188 ConWbtlon San Juin Caplatrano Non-Domestle/RaayeNd Water Master Plan Update APPLIED EARTXWORKS,INC. 18 Sap6mber 2008 TASK IDENTIFIER 1 2 3 4 8 8 7 NAHC fdbwup diver msslin0 on-site consult final Employee consult NAcomult consult snan0emant mse8rgs W Cookie document TOW(Ma) Principal&Vmobpiat(PARC-003) S 8.0 2 20.0 2 12.0 48.0 Hietdral Andaeobpbt(MARC-025) 0.0 Laboratory Director(LDIR-024) 0.0 Field Supervisor II(FSUP4)M 0.0 LiSnb Am"(LANA-0W) 0.0 Fauml Mslyst(FANA-028) 0.0 Led Fkrldll.ab Tedmicien(LFCC-030) 0.0 - LWmmtary Supervisor(LDIR-034) 0.0 Fi"Lab Technician II(FTEC-038) 0.0 Ardmolopesl Tsdnbian I(FTEC-037) 4 3 3 2.0 12.0 Hisla n 0.0 Publication MmW(PMAN-081) _ 10.0 18.0 Technical Must atm (TILL-027) 0.0 (DRAF-084) 24.0 24.0 Ward Promesor(WPDE-055) 0.0 Administrative Support(AASS-079) 0.0 TOW 4.0 9.0 9.0 2.0 20.0 2.0 54.0 0.0 100.0 (r 32400 PASEO ADELANTOv i � ® MEMBERS OF THE CRY COUNCIL Q SAN JUAN CAPISTRANCA 92875 � (949)493-1171 ,�,y THOMAS9 SAN .HR (949)493-1053 FAX 7y iYUA°aurl° THOMAS L HRIBAR ISIAIOSYFI 1961 MARK NIELSEN www.sanjuancapisirano.org 1776 JOE SOTO • • DR.LONDRES USO TRANSMITTAL TO: Environmental Science Associates 225 Bush St. Suite 4 San Francisco, CA 94104 DATE: June 19, 2008 FROM: Maria Morris, Deputy City Clerk RE: Amendment No 3. — Recycled Water Master Plan Update 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 me at (949) 443-6309. If you have questions concerning the agreement, please contact Joe Mankawich, Associate Engineer at (949) 487-4313. An original amendment is enclosed for your records. Cc: Joe Mankawich, Associate Engineer San Juan Capistrano: Preserving the Past to Enhance the Future i, Pnnletl on 100°e recycled paper • 6/1712008 AGENDA REPORT D15 TO: Dave Adams, City Manager 91A FROM: Cindy Russell, Interim Utility Director SUBJECT: Consideration of Amendment No. 3 to the Personal Services Agreement for the Recycled Water Master Plan Update Program Environmental Impact Report (Environmental Science Associates) (CIP# 792) RECOMMENDATION: By motion, approve Amendment No. 3 to the Personal Services Agreement with Environmental Science Associates for an increase of $6,185.66 to the existing contract, for the preparation of an Archaeological Evaluation and Data Recovery Plan (AEDRP) for the Recycled Water Master Plan. SITUATION: On November 6, 2007, City Council approved Amendment No. 2, to the personal services agreement for environmental services with Environmental Science Associates (ESA), for the Recycled Water Master Plan. That amendment added the development of a Section 106 Cultural Resources Assessment to the Program Environmental Impact Report. Cultural resources review and mitigation is one area that NEPA requirements exceed the standards developed for CEQA. In order for the City to qualify for State Revolving Fund (SRF) low interest loans and for federal funding for the recycled water system improvements the PIER must meet NEPA requirements. Currently, the City has submitted for federal grant funding of up to $18 million. Additionally, the SRF loans would reduce the City's cost of borrowing by 50%. The City has submitted its Cultural Resources Assessment (Attachment 2) to The State Water Resources Board (SWRCB) for approval and sign off. The assessment was helpful in determining that most of the proposed construction for the recycled water system will occur outside the locales where resources could be expected to be found during excavation for the improvement. However, the SWRCB is requiring that a mitigation plan be prepared for those areas where cultural resources are likely to be discovered. This plan is called an Archeological Evaluation and Data Recovery Plan (AEDRP). ESA, with the assistance of their sub-consultant, Applied Earthworks, Inc., has submitted an amendment to provide an AEDRP for the San Juan Capistrano Recycled Water Master Plan. Applied Earthworks had previously prepared a similar plan for the City of San Juan Bautista that met SWRCB requirements. Staff recommends approval of Amendment No. 3 to the Personal Services Agreement with Environmental Science Associates for an amount not to exceed $6,185.66. Agenda Report • June 17, 2008 Page 2 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission has been kept apprised of the course of this component of the RWMP and PEIR. FINANCIAL CONSIDERATIONS: There is sufficient funding in the Fiscal Year 2007-2008 Capital Improvement Budget for the recommended Amendment No. 3 to the Personal Services Agreement with ESA for the Recycled Water Master Plan PEIR. NOTIFICATION: Environmental Science Associates RECOMMENDATION: By motion, approve Amendment No. 3 to the Personal Services Agreement with Environmental Science Associates for an increase of $6,185.66 to the existing contract, for the preparation of an Archaeological Evaluation and Data Recovery Plan (AEDRP) for the Recycled Water Master Plan. Respectfully submitted, Prepared by, Cindy Ru sell Joe Mankawich Interim Utility Director Associate Engineer Attachments: 1. Amendment No. 3 2. Cultural Resources Assessment 0 0 AMENDMENT NO. 3 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2008, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and ENVIRONMENTAL SCIENCE ASSOCIATES., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City and consultant have entered into a Personal Services Agreement dated September 19, 2006, for a total of $187,327 for environmental consultant services for the Recycled Water Master Plan Update, and, WHEREAS, Amendment No. 1 to this agreement dated October 20, 2006 for $28,000, was implemented for additional services. WHEREAS, Amendment No. 2 to this agreement dated November 6, 2007 for $20,226.30, was implemented for additional services. WHEREAS, City and Consultant agree that additional services outlined in the cost estimate as set forth in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Additional Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A" to conduct an Archeological and Data Recovery Plan for the City's Recycled Water Master Plan. 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. Additional Compensation. City hereby agrees to pay the additional sum of Six Thousand, One Hundred Eighty-Five Dollars and Sixty-Six Cents ($6,185.66) for a revised total contract price of $241,738.96 to Consultant for those services performed as set forth in Exhibit "A". These additional services to the Agreement shall commence on the effective date of this Amendment. 1 ATTACHMENT Section 3. Relationship to Agreement. Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. Section 4. Contract Term. This Agreement will extend the contract completion date to December 30, 2008. Section 5. Entire Agreement. This entire Agreement between the City and Consultant with respect to those extra services described herein and any other understandings, oral or in writing, are hereby superseded. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Dave Adams, City Manager CONSULTANT By. � , C�-- Environmental Science Associates ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: Omar San val, City Attorney 3 707 WAshire Boulevard • www.esassoc.com �l Suite 1450 Los Angeles,CA 90017 213599.4300 phone 213.599.4301 fax April 24, 2008 Eric Bauman City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Subject: Dear Eric: This letter presents a proposal to conduct an Archaeological and Data Recovery Plan for the City's Recycled Water Master Plan.The work will be conducted by Applied EarthWorks,Inc.as described in the attached scope of work proposal. ESA would provide contract management services.The total contract amount is summarized in the following table. Hours $/hour Total ESA Management Hours Senior Administrative 4 $95.00 $380.00 Applied EardtWorks,Inc. Total $5,048.40 ESA 15%Mark Up $757.26 TOTAL $6,185.66 Attached to this letter is Applied EarihWorks,Inc.'s proposal to the City.If you have any questions regarding this letter proposal,please don't hesitate to call me. Sincerely, Tom Barnes EXHIBIT "A" 1391 West Shaw Avenue Am Sufte C Fresno,CA 93711-3600 656 LA� FAX 229)229- WW FAX(559)229-2019 23 April 2003 Mr. Tom Barnes ESA I Water 707 Wilshire Boulevard, Suite 1450 Los Angeles, CA 90017 RE: Preparation of an Archaeological Evaluation and Data Recovery Plan for the San Juan Capistrano Water Agency Dear Tom: Per the City of San Juan Capistrano's recent request, Applied EarthWorks,Inc. (tE)is pleased to submit our proposed scope of work and cost estimate to prepare the Archaeological Evaluation and Data Recovery Plan (AEDRP)for the City's Recycled Water Master Plan. To complete this additional task,)E will update and modify a similar plan we prepared for the City of San Juan Bautista,tailoring the details of the plan to meet the specific needs and requirements of the current project. We do not anticipate conducting any additional fieldwork or research at this time. However,our proposed budget includes time for one meeting in Sacramento with Cookie Him and or other regulators. Our estimated cost to complete these tasks is$5,048.00. Please refer to the attached spreadsheet for budget details,and contact me if you have any additional questions. Sincerely, v7 A Barry A. Price,M.A.,RPA Principal Archaeologist COSTPROPOSAL Preparation of Archaeological Evaluation and Data Recovery Plan San Juan Capistrano Water Agency APPLIED EARTHWORKS, INC. 23 April 2008 Labor: Hours Rate Cost Principal Archaeologist(BP) 24 $132.50 $3,180.00 Field Supervisor(RL) 16 $64.80 $1,036.80 Historian(RB) $67.80 $0.00 Production Manager(SR) $69.30 $0.00 Graphics/GPS Technician(LM) $51.00 $0.00 Administrative Support(ML) 8 $35.20 $281.60 Total Labor: $4,498.40 Other Direct Costs(ODCs): No. Rate Cost Information Center Fees Per diem Equipment, Vehicles, and Travel $500.00 Photographstphotocopies Production, Duplication, Supplies Total ODCs $500,00 Administrative Fee $50.00 Total Cost: $5.048.40 Cultural Resources Inventory and Site Assessment for the Proposed San Juan Capistrano Non-Domestic/Recycled Water Master Plan Update, Orange County, California Robert J. Lichtenstein, Barry A. Price, and David H. Price Prepared By Applied EarthWorks,Inc. 1391 W. Shaw Avenue, Suite C Fresno, California 93711 Prepared For ESA I Water 7078 Wilshire Boulevard, Suite 1450 Los Angeles, California 90017 March 2008 ATTACHMENT CONTENTS 1 INTRODUCTION AND PROJECT DESCRIPTION..........................................................1 1.1 PROJECT DESCRIPTION.................................................................................. 1 1.2 AREA OF POTENTIAL EFFECTS..................................................................... 1 2 BACKGROUND....................................................................................................................3 2.1 ENVIRONMENTAL SETTING..........................................................................3 2.2 PREHISTORIC SETTING..................................................................................3 2.2.1 San Dieguito Complex .............................................................................3 2.2.2 La Jolla Complex.....................................................................................4 2.2.3 Intermediate Complex..............................................................................4 2.2.4 San Luis Rey Complex.............................................................................4 2.3 ETHNOGRAPHIC SETTING.............................................................................4 2.4 HISTORICAL SETTING....................................................................................5 3 STUDY METHODS...............................................................................................................7 3.1 ARCHAEOLOGICAL LITERATURE AND RECORDS SEARCH.............................................................................................................7 3.2 NATIVE AMERICAN CONSULTATION..........................................................7 3.3 FIELD SURVEY.................................................................................................7 3.4 SITE ASSESSMENT ..........................................................................................9 4 RESULTS.............................................................................................................................11 4.1 RECORDS SEARCH ........................................................................................ 11 4.2 NATIVE AMERICAN CONSULTATION........................................................ 11 4.3 CULTURAL RESOURCES INVENTORY....................................................... 12 4.3.1 Cultural Resources Within or Adjacent to the APE................................. 12 4.3.1.1 Map Block 2............................................................................ 13 4.3.1.2 Map Block 4............................................................................ 19 4.3.1.3 Map Block 6............................................................................21 4.3.1.4 Map Block 9............................................................................23 4.3.1.5 Map Block 10..........................................................................24 4.3.1.6 Map Block 13 ..........................................................................27 4.3.1.7 Map Block 14..........................................................................27 4.3.1.8 Map Block 18 ..........................................................................30 4.3.1.9 Map Block 19..........................................................................31 4.3.1.10 Map Block 22..........................................................................31 4.3.1.11 Map Block 26..........................................................................32 5 MANAGEMENT RECOMMENDATIONS.......................................................................33 6 REFERENCES ....................................................................................................................35 Cultural Resources Inventory—Non-Dome&WRecyded Water Master Plan Update ii APPENDIX A Native American Consultation Correspondence FIGURES Figure 1-1 Project location and areas surveyed......................................................................2 Figure 4-1 Overview of Project Area with site locations...................................................... 12 Figure 4-2 Aerial view of Map Block 2 showing cultural resources present.........................13 Figure 4-3 CA-ORA-1327/H, site overview from Camino Capistrano Road, facing west....14 Figure 4-4 CA-ORA-132817site overview from Camino Capistrano Road, facing west .....15 Figure 4-5 CA-ORA-1330K site overview from Camino Capistrano Road, facing west..... 16 Figure 4-6 AE-SJC-113, intersection of Segment 1 and Hidden Creek Estates Driveway, facing north 17 Figure 4-7 AE-SJC-11-L Segment 1, facing south ................................................................ 18. Figure 4-8 AE-SJC-1H, Segment 2, facing north................................................................. 18 Figure 4-9 AE-SJC-11i, wagon remains, facing west...........................................................19 Figure 4-10 Aerial view of Map Block 4 with cultural resources present............................... 19 Figure 4-11 The area where CA-ORA-1338 crosses Camino Capistrano, facing north..........20 Figure 4-12 Overview of CA-ORA-1338, facing south.........................................................21 Figure 4-13 Aerial view of Map Block 6 with cultural resources present...............................21 Figure 4-14 Overview of CA-ORA-855, view to the northeast from the intersection of Oso Road and Camino Capistrano....................................................................................................22 Figure 4-15 Overview of CA-ORA-1040, view to the northwest from the intersection of Oso Road and Camino Capistrano....................................................................................................23 Figure 4-16 Aerial view of Map Block 9 with cultural resources present...............................23 Figure 4-17 Aerial view of Map Block 10 with cultural resources present.............................24 Figure 4-18 Overview of cut bank identified as Locus B of CA-ORA-841H, facing west......25 Figure 4-19 Overview of CA-ORA-1191, view along the south side of Acjachema Street, toward the Mission, facing west................................................................................................26 Cultural Resources Inventory—Non-DomestWRecycled Water Master Plan Update iii CONTENTS 1 INTRODUCTION AND PROJECT DESCRIPTION..........................................................1 1.1 PROJECT DESCRIPTION.................................................................................. 1 1.2 AREA OF POTENTIAL EFFECTS..................................................................... 1 2 BACKGROUND....................................................................................................................3 2.1 ENVIRONMENTAL SETTING..........................................................................3 2.2 PREHISTORIC SETTING..................................................................................3 2.2.1 San Dieguito Complex .............................................................................3 2.2.2 La Jolla Complex.....................................................................................4 2.2.3 Intermediate Complex..............................................................................4 2.2.4 San Luis Rey Complex.............................................................................4 2.3 ETHNOGRAPHIC SETTING.............................................................................4 2.4 HISTORICAL SETTING....................................................................................5 3 STUDY METHODS...............................................................................................................7 3.1 ARCHAEOLOGICAL LITERATURE AND RECORDS SEARCH.............................................................................................................7 3.2 NATIVE AMERICAN CONSULTATION..........................................................7 33 FIELD SURVEY.................................................................................................7 3.4 SITE ASSESSMENT ..........................................................................................9 4 RESULTS.............................................................................................................................11 4.1 RECORDS SEARCH........................................................................................ 11 4.2 NATIVE AMERICAN CONSULTATION........................................................Al 4.3 CULTURAL RESOURCES INVENTORY....................................................... 12 4.3.1 Cultural Resources Within or Adjacent to the APE................................. 12 4.3.1.1 Map Block 2............................................................................ 13 4.3.1.2 Map Block 4............................................................................ 19 4.3.1.3 Map Block 6............................................................................21 4.3.1.4 Map Block 9............................................................................23 4.3.1.5 Map Block 10..........................................................................24 4.3.1.6 Map Block 13 ..........................................................................27 4.3.1.7 Map Block 14..........................................................................27 4.3.1.8 Map Block 18..........................................................................30 4.3.1.9 Map Block 19..........................................................................31 4.3.1.10 Map Block 22 ..........................................................................31 4.3.1.11 Map Block 26..........................................................................32 5 MANAGEMENT RECOMMENDATIONS.......................................................................33 6 REFERENCES ....................................................................................................................35 Cultural Resources Inventory—Non-Domestia/Recycled Water Master Plan Update ii 0 0 APPENDIX A Native American Consultation Correspondence FIGURES Figure 1-1 Project location and areas surveyed......................................................................2 Figure 4-1 Overview of Project Area with sitelocations...................................................... 12 Figure 4-2 Aerial view of Map Block 2 showing cultural resources present......................... 13 Figure 4-3 CA-ORA-1327/H, site overview from Camino Capistrano Road, facing west.... 14 Figure 4-4 CA-ORA-1328K site overview from Camino Capistrano Road, facing west ..... 15 Figure 4-5 CA-ORA-1330H, site overview from Camino Capistrano Road, facing west ..... 16 Figure 4-6 AE-SJC-111, intersection of Segment 1 and Hidden Creek Estates Driveway, facing north 17 Figure 4-7 AE-SJC-1H, Segment 1, facing south ................................................................ 18. Figure 4-8 AE-SJC-1H, Segment 2, facing north................................................................. 18 Figure 4-9 AE-SJC-1H, wagon remains, facing west...........................................................19 Figure 4-10 Aerial view of Map Block 4 with cultural resources present............................... 19 Figure 4-11 The area where CA-ORA-1338 crosses Camino Capistrano, facing north..........20 Figure 4-12 Overview of CA-ORA-1338, facing south.........................................................21 Figure 4-13 Aerial view of Map Block 6 with cultural resources present...............................21 Figure 4-14 Overview of CA-ORA-855, view to the northeast from the intersection of Oso Roadand Camino Capistrano....................................................................................................22 Figure 4-15 Overview of CA-ORA-1040, view to the northwest from the intersection of Oso Road and Camino Capistrano....................................................................................................23 Figure 4-16 Aerial view of Map Block 9 with cultural resources present...............................23 Figure 4-17 Aerial view of Map Block 10 with cultural resources present.............................24 Figure 4-18 Overview of cut bank identified as Locus B of CA-ORA-841H, facing west......25 Figure 4-19 Overview of CA-ORA-1191, view along the south side of Acjachema Street, toward the Mission, facing west. ...............................................................................................26 Cultural Resources Inventory—Non-Domes ir/Recycied Water Master Plan Update iii 9 0 Figure 4-20 Aerial view of Map Block 13 with cultural resources present.............................27 Figure 4-21 Aerial view of Map Block 14 with cultural resources present.............................27 Figure 4-22 Overview of CA-ORA-834/H at Historic Town Center Park looking toward El CaminoReal, view to west........................................................................................................28 Figure 4-23 Overview of the Cut bank recorded at CA-ORA-11541, showing its relationship to the train station parking lot(at the bottom of the frame), view to the east..............................29 Figure 4-24 Aerial view of Map Block 18 with cultural resources present.............................30 Figure 4-25 Overview of CA-ORA-1342H from Alipaz Road, view to the west....................31 Figure 4-26 Aerial view of Map Block 19 with cultural resources present.............................31 Figure 4-27 Aerial view of Map Block 22 with cultural resources present.............................32 Figure 4-28 Aerial view of Map Block 26 with cultural resources present.............................32 TABLES Table 4-1 Details of Native American Consultation ..................................................................11 Table 4-2 Cultural Resources Adjacent to or Within the Project Area........................................ 12 Table 5-1 Results of Cultural Resources Study and Site Assessment.........................................33 Cultural Resources Inventory—Non-DomestclRecycled Water Master Plan Update iv 1 INTRODUCTION AND PROJECT DESCRIPTION 1.1 PROJECT DESCRIPTION The City of San Juan Capistrano (City) is updating its Non-Domestic/Recycled Water Master Plan. As part of the plan, the City proposes to rehabilitate two existing wells and build four new reservoirs, two new booster pump stations, seven new pressure-regulating stations, and 20 miles of pipelines. The proposed improvements would be built within developed urban portions of the city as well surrounding undeveloped rural areas. As shown on the Dana Point (1968, photorevised 1975), San Juan Capistrano (1968, photorevised 1981), Canada Gobernadora (1997), and San Clemente(photorevised 1975), U.S. Geological Survey 7.5-minute topographic quadrangles(Figure I-1), the project encompasses a large area within the San Juan Capistrano city limits in Orange County, including portions of the following legal locations: Township Range Sections 7S 7W 29, 30, 31, 32, 33 7S 8W 25, 26, 35, 36 8S 7W 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20 8S 8W 1, 2, 11, 12, 13, 14 The proposed project will be built in part using federal funds administered by the State Water Resources Control Board; the project is therefore considered a federal undertaking (per 36 CFR 800.16[y]) subject to the provisions of Section 106 of the National Historic Preservation Act (NIIPA) of 1966, as amended, and other federal environmental statutes. Under these laws and regulations, permitting agencies are required to identify cultural resources, evaluate their eligibility for inclusion in the National Register of Historic Places(NRNP), and consider alternatives for the treatment of project effects on significant resources. 1.2 AREA OF POTENTIAL EFFECTS The Area of Potential Effects (APE)for the project encompasses all lands where new construction or other project activities might impact cultural resources, including locations of existing wells and storage tanks(reservoirs); new storage tanks, booster pump stations, and pressure-regulating stations; access roads to these locations; and 20 miles of pipelines. The APE at tanks, pump stations, and similar facilities encompasses the location of the facility as well surrounding construction areas. Along roads and pipelines, the APE encompasses a corridor extending for 15 meters on either side of the centerline. Cultural Resources Inventory—Non Domestic/Recyded Water Master Plan Update 1 m r. ;a NOW h d N, F � l 7j e ! 4' '. � p a IT VII 13 is c 1 � I r ani gL 115 HOL . 24 23 Z4 114, a. 25 n ,Us• r3 r �� ;__r ri• 4. Miles zo x & '``m .` 0 0.25 0.5 1 _ :�� i � �jm: • Proposed Reservoirs • Proposed Pressure Regulating Stadon O Pmpoxd Booster Pump Statlon Area Surveyed Figure 1 Project location and areas surveyed. Cultural Resources Inventory—Non-Domes$c/Recycled Water Master Plan Update 2 2 BACKGROUND 2.1 ENVIRONMENTAL SETTING The study area is situated along the Southern California coast east of Dana Point. It falls within the Peninsular Ranges Geomorphic Province of California, which includes several generally north-south running granitic mountain ranges forming a barrier between the coast and the Mojave and Colorado deserts to the east. San Juan Capistrano sits near the base of the Santa Ana Mountains, one of the granitic mountain ranges in the Peninsular Ranges, along San Juan Creek. It falls within the California Coastal Chaparral Forest and Shrub ecoregion. Hot, dry summers and rainy, mild winters characterize the climate of the region, with annual rainfall averaging 10- 50 inches. Vegetation consists of sagebrush and grassland communities on the coastal plains, dominated by coyote bush, California sagebrush, and bush lupine; riparian forest along rivers and streams; sclerophyll forests on the hills and lower mountains, much of which consists of live or white oak woodlands; and chaparral forests on steep high mountains, consisting of chemise and a variety of manzanita. During the early to mid-Holocene, the coastal landscape featured lagoons, large estuaries, and bays supporting a diverse and highly productive array of life, including mollusks and fish, and served as a major migration route for many species of waterfowl. 2.2 PREHISTORIC SETTING Coastal Southern California contains an archaeological record representing a wide array of cultural traditions spanning the entire Holocene (approximately 10,000 years ago to the present) and perhaps the late Pleistocene as well. Wallace(1955)was the fust to propose a local cultural sequence, identifying a succession of four regional archaeological cultures, which he referred to as horizons. As subsequently modified by Warren (1968) and summarized by Moratto(1984), this sequence reflects important changes in the material and nonmaterial culture of prehistoric Southern Californians. The sequence is briefly described below. 2.2.1 San Dieguito Complex The San Dieguito Complex reflects the earliest well documented cultural developments in the region. San Dieguito sites are found along the California coast between Baja California and the Los Angeles basin, and extending eastward into the Colorado Desert. San Dieguito components generally date between 9000 and 8500 before present(B.P.) and contain large stemmed and foliate projectiles, well-made scrapers and bifaces, gravers, and other flaked stone implements. They lack grinding tools, suggesting that the local economy focused on marine and littoral resources that existed locally prior to 7,000 years ago. The San Dieguito tradition may have developed from the earliest Paleoindian inhabitants of the study area. Cultural Resources Inventorjt---Non-Domestic/Recycled Water Master Pian Update 3 2.2.2 La Jolla Complex Increased temperature, lower precipitation, and other climatic changes may have driven the transformation to the cultural complex that is often referred to as the Milling Stone Horizon or Encinitas Tradition. Increased dependence on plant foods is reflected by the predominance of milling stones(manos and metates)in these archaeological assemblages and the inferred dietary emphasis on processing small seeds from the chaparral plant community. Projectile points are rare and usually suggest use of the atlatl (spear thrower). These components generally date between about 8000 and 3000 B.P. Regional variants of the La Jolla/Encinitas Complex are also referred to as Oak Grove, Topanga, and Pauma, among other terms (Moratto 1984). 2.2.3 Intermediate Complex The appearance and increased number of large side-notched, lanceolate, and stemmed projectile points signal the advent of the next cultural complex, referred to variously as the Intermediate Horizon, Pinto Complex, Sayles Complex, Campbell Tradition, and other terms(Moratto 1984). Hunting increased in importance, although the atlatl and dart continued as the major hunting technology. The bow and arrow, a hallmark of later prehistory, had not yet been introduced. From roughly 3000 to 1000 B.P., mortars and pestles appeared and gradually replaced manos and metates, indicating the beginning and ultimate dominance of the acorn-based economy. Although settlement patterns during this time are not well understood,the use of the acorn, a high-calorie storable food source, probably allowed greater sedentism and a more complex social organization than during prior times. True maritime exploitation and occupation of the Channel Islands also began during this period. 2.2.4 San Luis Rey Complex The final prehistoric pattern, referred to also as the Irvine Complex, began about 1000 B.P. and ended with the arrival of Europeans. It is marked by large increases in population, greater production of artwork, and permanently occupied villages. Small, finely chipped projectile points indicate adoption of the bow and arrow, while circular shell fishhooks reflect an increased reliance on marine resources. With the production of food surpluses, elaborate rituals, secret societies, and individual occupational specialization also developed and are hallmarks of the late prehistoric and historic Luisefio people. The semisedentary settlement pattern characteristic of the era may have begun during the earlier period, although lower population densities may have limited local territoriality. In Orange County, the prehistoric period ended with the overland expedition of Portol&in 1769. 2.3 ETHNOGRAPHIC SETTING San Juan Capistrano lies in the traditional ethnographic territory of the Acjachemen people, who were referred to by the Franciscan missionaries and early anthropologists as Juanefto because of their association with Mission San Juan Capistrano. Linguistically and culturally related to the neighboring Luiseflo, Cahuilla, and Cupeflo, Acjachemen/Juanefto territory extended from Aliso Creek in the north to San Onofre Canyon in the south and inland to Santiago Peak and the ridges above Lake Elsinore(Bean and Shipek 1978; Cameron 1987). Kroeber(1925:636)estimated the population at about 1,000 individuals in A.D. 1700. Cultural Resources Inventory—Non-DomestrJRecycled Water Master Plan Update 4 The Acjachemen lived in sedentary autonomous villages located in diverse ecological zones. Each settlement claimed specific fishing and collecting regions. Typically villages were located in valley bottoms, along coastal strands and streams, and near mountain foothills. Villages were usually sheltered in coves or canyons, on the side of slopes near water, and in good defensive spots. Trails, hunting sites, temporary hunting camps, quarry sites, and ceremonial and gaming locations were communally owned, while houses, gardens, tools, ritual equipment, and ornamentation were owned by individuals or families. Most groups had fishing and gathering sites along the coast that they visited annually from January to March when inland supplies were scarce. October to November was acorn gathering time, when most of the village would settle in the mountain oak groves. Houses were conical in form, partially subterranean, covered with thatch, reeds, brush, or bark. Sweathouses were round and earth covered. Each village was enclosed with a circular fence and had a communal ceremonial structure at the center. 2.4 HISTORICAL SETTING Although the Spanish inaugurated their system of missions in Alta California in 1769, the first Spanish explorers in this region visited the coastline much earlier. Juan Rodriguez Cabrillo arrived in 1542, followed by Pedro de Unamuno in 1587, Sebastian Rodriguez Cermeho in 1595, and Sebastian Vizcaino in 1602. After Vizcaino's visit, 167 years passed before Europeans again explored the Alta California coastline; the first mission, at San Diego, was founded on the heels of the Gaspar de Portoli land expedition in 1769. Native American inhabitants of the Los Angeles basin were taken to Mission San Gabriel, constructed in 1771, and were called Gabrielinos by the Spanish because of their association with the mission. Mission San Juan Capistrano was established in 1776 by father Junipero Serra. The seventh link in the chain of California missions, by 1796 nearly 1,000 Indians were living in or near the mission compound and working the various farming, herding, candle- and soap-making, iron- smelting, weaving, and tanning operations. In that year 1,649 baptisms were recorded in the mission register. An increasing population led to the building of numerous adobe homes for the native and intermarried families with ties to the mission(some Spanish soldiers assigned to the mission married native women). In addition to the mission church, the compound included adobe barracks for soldiers and the Indian converts, gardens, an aqueduct system, and numerous other buildings and structures. Each year the mission produced tons of wheat, barley, corn, and beans, and thousands of head of cattle, sheep, and horses. Following secularization of the missions in 1834, the Mexican government declared San Juan Capistrano a pueblo (town) instead of a religious parish. The rest of the surrounding lands were divided into ranchos largely devoted to livestock and cultivation. In 1845 the mission itself was sold to John Forster, an Englishman who had married the governor's sister and who eventually would own nearly 250,000 acres across three counties. California became a state in 1850, but the population of Southern California remained relatively low through the 1860s and 1870s, with cattle ranching continuing as the principal economic activity. However, a period of drought and expensive land title defense cases in U.S. courts resulted in the sale of many of the cattle ranches to Anglo-Americans. During the latter half of the nineteenth century, the town's strategic location between San Diego and Los Angeles prompted the development of a stage stop along with homes and business, but Cultural Resources Inventory—Non-Domestic/Recyded Water Master Plan Update 5 0 0 also attracted squatters, drifters, and bandits. Like much of Southern California, the area remained a wild and remote territory until the California Central Railroad arrived in 1887, bringing access to markets and creating a land boom. Despite rapid residential and industrial growth to the north and south, the Capistrano Valley developed into an agricultural center with an orange processing and produce-packing plant near the railroad. During the first half of the twentieth century the community remained stable, with numerous family farms, ranches, and supporting commercial developments. After World War H, however, the explosive growth of Los Angeles and San Diego spilled over to Orange County. Cultural Resources Inventory—Non-DomestidRecycled Water Master Plan Update 6 3 STUDY METHODS On behalf of the City of San Juan Capistrano, Applied EarthWorks, Inc. (k)conducted cultural resources studies in support of the Non-Domestic/Recycled Water Master Plan update. )E performed archival background research and records searches, consulted with local Native American representatives, conducted a field survey or selected locations within the project area, and revisited all previously recorded cultural resources to assess potential project impacts. These studies are described in greater detail below. 3.1 ARCHAEOLOGICAL LITERATURE AND RECORDS SEARCH Prior to fieldwork, lE performed a records search at the South Central Coastal Information Center of the California Historical Resources Information System, which is located on the campus of California State University, Fullerton. )E reviewed the information center's base maps depicting archaeological survey coverage and the locations of known sites in and surrounding the study area. fE also reviewed listings on the National Register of Historic Places and consulted the California Register of Historical Resources, the California Inventory of Historic Resources (1976), California Historical Landmarks(1996), California Points of Historical Interest listing (May 1992 and updates),the Caltrans Local Bridge Survey(1989 and updates), and other pertinent historic data available at the information center. 3.2 NATIVE AMERICAN CONSULTATION To identify Native American concerns regarding the study area, tE contacted the Native American Heritage Commission(NAHC) on November 8, 2006 requesting a search of their Sacred Lands File and a list of local Native American representatives. The NAHC responded on November 9, informing lE that their search indicated the presence of Native American cultural resources within the immediate study area and recommending that tE contact the representatives identified by the NAHC (Appendix B). On November 13, 2006, 1E Principal Archaeologist Barry Price mailed letters to all Native American representatives identified by the NAHC, informing them of the project and soliciting their involvement or concerns over the area. Each representative on the list was also provided a copy of the Notice of Preparation of the Environmental Impact Report. 3.3 FIELD SURVEY Much of the area within and surrounding the City of San Juan Capistrano has been surveyed previously for cultural resources, and many sites have been recorded. These areas were not resurveyed during the current project. Additionally, much of the project traverses paved or otherwise developed parts of the city. On December 6 and 7, 2006, Applied EarthWorks conducted a field inventory of selected locations within the project area. The field inventory included some locations where new pipelines and other facilities would be installed in undeveloped areas, as well as selected reservoir locations and their access roads. All project Cultural Resources Inventory—Non-DomestioRecyded Water Master Plan Update 7 0 0 components shown in Figure 1-1 that would he installed in previously undisturbed areas where native ground surfaces are visible were inspected. Undeveloped areas were investigated on foot using parallel transects spaced 10 meters apart. Particular attention was given to stream banks, level ridgelines, rock outcrops, and other landforms known to be sensitive locations for cultural resources.Existing roads in undeveloped areas were examined using a single pedestrian transect along each side. In addition, lE examined some locations in developed, paved, or landscaped portions of the City. In these areas, where the ground surface was obscured by buildings, pavement, landscaping, or other elements of the built environment, stream banks, road cuts, and any other location offering exposed ground surface was carefully examined. To facilitate the identification of potential impacts to cultural resources, the study area was divided into 30 inventory blocks(see Figure 1-1). Guided by U.S. Geological Survey topographic maps and low-level aerial photographs of each inventory block, an archaeologist inspected the following areas during the initial Feld survey. Blocks 2-4: The location of a directional drill underneath Interstate 5 includes a drill pad on Rancho Viejo Boulevard (northeast of Interstate 5)and a pad and bore pit on Camino Capistrano (southwest of Interstate 5). The archaeologist examined approximately 1,000 square feet at each area. The area on Rancho Viejo is completely paved, while the area on Camino Capistrano was partly paved and partly open ground; however, the open ground is immediately adjacent to Interstate 5 and shows signs of previous grading. Block 5: The access road to Reservoir R3 follows an unpaved road leading upslope from Mission Hills Road to a hilltop with a flat area where the reservoir will be built. The area on top of the hill was partially graded in the recent past and there was earthmoving equipment on site at the time of the survey. The area was heavily vegetated with dense bull thistle and mustard, with the exception of the dirt roads and the previously graded areas. Block 6: This survey area consists of a jack-and-bore location to cross under the Atchison, Topeka, and Santa Fe Railroad (ATS&F) along Avenida de la Vista. In this area the tracks run parallel to Camino Capistrano. The route of the bore goes between two apartment buildings at 31008 and 31016 Avenida de la Vista on the western end of the bore route. The archaeologist surveyed approximately 1,000 square feet at each end. The entire survey area has been developed and there were no native soils visible. Blocks 9-13: This survey location encompassed open ground along the east side of Trabuco Creek, where a pipe may be replaced between Del Obispo Street and a proposed pressure regulating station. The creek is channelized in this area. The survey area shows signs of prior grading and surface disturbance. Several older residences are located in the area of the proposed pressure regulating station. Block 11: This survey area covered the pipeline segment traversing the community park between Ortega Highway and San Juan Creek. It encompasses both paved and landscaped areas. There were no native soils to observe in this portion of the survey. Cultural Resources Inventory—Non-DomestidRecycled Water Master Plan Update 8 Block 14: This survey area consists of a jack-and-bore location to cross under the ATS&F along Del Obispo Street. An approximately 1,000-square-foot area was inspected at each end to accommodate drill pads and bore pits. The entire survey area has been developed and there were no native soils visible. The Del Rios Historic District is immediately north of this location. Block 16: This survey area encompassed the location of Reservoir R2. It is on a small ridge top in a flat area where the tank will be built. The area has been disturbed by a dirt road and a PVC water pipeline running along the north side of the dirt road. The area is heavily vegetated with coastal sage scrub and intrusive Russian thistle and nonnative grasses. Block 19: At this survey location near the intersection of Camino Capistrano and San Juan Creek Road the pipe will cross San Juan Creek on an existing bridge and then go underground. The entire area is paved and there are no exposed native soils. Block 20 (location 1): This survey area includes the site of a proposed Booster Pump Station on La Novia Avenue and approximately I mile of access road between the pump station and proposed Reservoir RI. The access route follows an existing dirt road to the reservoir site. Block 20 (location 2): This area extends from the intersection of Via Entrada and Via Lantana uphill for approximately 600 feet to an existing facility, encompassing potential drill pads at the top and bottom of the hill. The archaeologist inspected approximately 1,000 square feet at each end to accommodate drill pads and bore pits. The hillside shows evidence of prior grading and other modifications to control runoff. Block 22: This survey area consists of a jack-and-bore location to cross under the ATS&F along Avenida Aeropuerto. The surveyor examined approximately 1,000 square feet at each end to accommodate drill pads and bore pits. The entire survey area has been developed and there were no native soils visible. Block 24: This area encompasses the proposed location of Reservoir R4 and its access roads along the steep slopes and ridges east of Reservoir Canyon. The new reservoir will be west of a large existing tank in an area that is mostly paved at present. The archaeologist also examined some surrounding unpaved areas on the ridgetop and slope during the survey. Existing fire roads between Krum Reservoir and Reservoir R4 will be used for access, as well as a short cross- country segment. Blocks 29-25.21-22: This survey area extends for approximately 1 linear mile along the west side of San Juan Creek between the Serra Water Treatment Plant and the proposed pressure regulating station north of Avenida Aeropuerto. It generally follows the route of the Sycamore Creek Bike Trail. The study area is bordered by landscaped parkland on the west and San Juan Creek, which is channelized, on the east. The entire length of the survey area is either paved or landscaped, and there was little native soil to observe in the area. 3.4 SITE ASSESSMENT In addition to the field survey described above, iE visited all locations of previously recorded archaeological and historical sites within or adjacent to the project APE between 19 and 27 November 2007. k's Staff Archaeologist used existing archaeological site records and project Cultural Resources Inventory—Non-DomestWRecycled Water Master Plan Update 9 0 0 area maps to relocate each site, appraise its current condition vis-i-vis prior documentation, and assess the potential for intact cultural deposits to be affected by the proposed project. When possible, E updated cultural resources records onto current State of California Department of Parks and Recreation forms(DPR 523),took new photographs of the site, and made other appropriate documentation. Cultural Resources Inventorv---Non-Domestic Recycled Water Mester Plan Update 10 4 RESULTS 4.1 RECORDS SEARCH The records search revealed that numerous archaeological and historical surveys have been conducted in and surrounding the project area, particularly in the immediate vicinity of the San Juan Capistrano townsite. More than 70 prehistoric and historical archaeological sites, along with numerous historical buildings, bridges, and other structures, lie within the general project area. Proposed project components overlap or lie immediately adjacent to at least 17 previously recorded archaeological and historical sites. These are discussed in detail below. The majority of these previously recorded sites were recorded during pedestrian surveys and do not have well- defined boundaries. The large number of sites located within or adjacent to the APE indicates that the project area, particularly around Mission San Juan Capistrano, is extremely sensitive for cultural resources. 4.2 NATIVE AMERICAN CONSULTATION The NAHC provided a list of local Native American representatives who might have an interest in the proposed project. Table 1 summarizes lE's efforts at consultation with local Native American representatives. On November 29, 2006, Mr. Alfred Cruz, Cultural Resources Coordinator for the Juaneno Band of Mission Indians, contacted lE by phone and indicated that the entire area within and surrounding the city is highly sensitive for Native American cultural resources and that archaeological materials and human remains are frequently found when excavating or trenching in the area. He requested that a tribal monitor be present during any excavation for the project. No other responses have been received to date. Table 4-1 Details of Native American Consultation Contact Letter Name Affiliation Mailed Response Results David Belardes Juanedo Nov. 13,2006 None None to date Sonia Johnston JuaneHo Nov. 13,2006 None None to date Joyce Perry Juaneilo Nov. 13,2006 None None to date Anita Espinoza Juaneflo Nov. 13,2006 None None to daze Anthony Rivera Juanetlo Nov. 13,2006 None None to daze Alfred Cruz Juancao Nov. 13,2006 Nov. 29, 2006 Requested Native American monitor be present during all excavation Cultural Resources Inventory—Non-DomestbRecycled Water Master Plan Update 11 0 0 4.3 CULTURAL RESOURCES INVENTORY Components of the proposed project include four new reservoirs, two new booster pump stations, seven new pressure-regulating stations, and 20 miles of pipeline. To facilitate the identification of impacts to cultural resources,the project area was divided into 30 blocks(see Figure 1-1 and Table 2). Twenty blocks contained no recorded sites, while one or more resources were located in the remaining 10 blocks. None of the previously identified resources are located near or within the four planned storage tanks (reservoirs) or two new booster pump stations. Field surveys of the four reservoir locations and the planned pump station at La Novia Avenue (Block 20)did not reveal cultural resources in these areas. (The location of the Highland Drive pump station in Block 4 was not inspected during the current effort.) Segments of the proposed pipelines would be installed in the roadway adjacent to the Trabuco Creek Bridge, and would be suspended from the Camino Capistrano Bridge to minimize impacts to San Juan Creek. According to the date stamps on the structures,these bridges were built in 1964 and 1987, respectively; they do not meet the age threshold to be considered historical resources. However, proposed pipeline segments may impact both previously recorded and currently unknown archaeological and historical sites. These are discussed in greater detail below. 4.3.1 Cultural Resources Within or Adjacent to the APE Based on the background research, records searches, and field studies, lE identified eighteen previously recorded archaeological or historical sites and one previously unrecorded site within the APE of the proposed project(Table 4-2). k visited each of these locations to appraise current site condition and assess the potential for intact cultural deposits to be affected by the proposed project. The results of these assessments are presented below, organized by Map Block number. Figure 4-1 Overview of Project Area with site locations Table 4-2 Cultural Resources Adjacent to or Within the Project Area Block Resource Location 1 None 2 CA-ORA-1327H,-1328K and-1330H adjacent to pipeline along Camino Capistrano Road 3 None 4 CA-ORA-1039/1338/1036/1037/1038 overlaps pipeline along Camino Capistrano Road 5 None 6 CA-ORA-1040 adjacent to pipeline along Camino Capistrano Road CA-ORA-855 overlaps pipeline along Camino Capistrano Road 7 None Cultural Resources Inventory—Non-Domestic/Recyded Water Master Plan Update 12 8 None 9 None 10 CA-ORA-841H adjacent to pipeline along El Camino Real CA-ORA-600H adjacent to pipeline along Camino Capistrano Road CA-ORA-1191 overlaps pipeline along Acjachema Street CA-ORA-1271H adjacent to pipeline along Paseo Adelanto 11 None 12 None 13 P-30-176807 bridge over Trabuco Creek,adjacent to pipeline along Del Obispo Street 14 CA-ORA-834H adjacent to pipeline along El Camino Real CA-ORA-1 154H adjacent to pipeline along Camino Capistrano Road P-30-160128 adjacent to pipeline along El Camino Real Los Rios Historic District along Los Rios between Del Obispo and Mission streets 1? None 16 None 17 None 18 CA-ORA-1342 overlaps pipeline along Alipaz Street 19 CA-ORA-923 overlaps pipeline along La Novia Avenue 20 None 21 None 22 CA-ORA-835 adjacent to pipeline along Avenida Aeropuerto 23 None 24 None 25 None 26 CA-ORA-838 overlaps pipeline in undeveloped area 27 None 28 None 29 None 30 None 4.3.1.1 Map Block 2 Map Block 2 contains four sites that lie immediately adjacent to the pipeline segment along Camino Capistrano (Figure 4-2). Three of these, CA-ORA-1327/H, -1328H, and -1330H, were previously recorded. It also contains one newly identified site, AE-SJC-IH, which was identified,during this field effort. Figure 4-2 Aerial view of Map Block 2 showing cultural resources present CA-ORA-1327/H CA-ORA-1327/H, or the Smith property, is located at 29921 Camino Capistrano. It was originally recorded in 1992 (Becker and McKenna 1992a) and described as the 2.5 acre site of a Cultural Resources Inventory—Non-DomestWRecyded Water Master Plan Update 13 0 0 1916 residential complex consisting of a main residential structure and associated out buildings. The site was reported to contain some of the first avocado trees planted in the area. The landowner, Myron Smith, related that historical debris including bricks, foundation fragments, roof tiles, and household refuse predated the current home. Becker and McKenna(1992a) did not see these artifacts, but tentatively identified the site as Judge Richard Egan's adobe, reportedly constructed between 1868 and 1883. Smith also indicated that prehistoric material, including a killed olla, cogstones, and other unspecified artifacts, had been collected by his father from the surrounding area. Smith reported that this collection has been lost, so neither the identification nor the provenience of these artifacts could be substantiated. When AE visited this site on November 20, 2007, the entire area was being developed into"Hidden Creek Estates" (Figure 4-3). Because only the early phases of construction, including clearing and grading, were complete, the area was easily examined. No structures remained on the site. An examination of the area, which was largely graded, revealed no evidence of artifacts or features. As water/sewer infrastructure work will occur in the street, and, because this home was built after the current street grid was in place, it is unlikely that archaeological deposits associated with this site extend into the street. Therefore, it is unlikely the current project will impact this resource. � w r Figure 4-3 CA-ORA-1327/H,site overview from Camino Capistrano Road,facing west CA-ORA-1328H Located at 29931 Camino Capistrano and originally recorded in 1992 (Becker and McKenna 1992b), CA-ORA-1328H was described as a historic residential complex containing a main residence, modern garage, historic barn, secondary outbuildings, underground water reservoir or Cultural Resources Inventory--Non-Domestic/Recycled Water Master Plan Update 14 • • septic system, and possible privy pits and dump areas(Figure 4-2). The property now, as then, is occupied and well maintained; it appears to be in the same condition as when it was first recorded. Because of restricted access to this privately-owned lot,the site could only be examined from the right-of-way. Because this home was built after the current street grid was in place, it is unlikely that archaeological deposits associated with this site extend into the street. Because water/sewer infrastructure work will occur in the street, it is unlikely the current project will impact this resource. 11yy h an '4 r Figure 4-4 CA-ORA-1328H,site overview from Camino Capistrano Road,facing west CA-ORA-1330H Located at 29991 Camino Capistrano,this site was originally recorded in 1992 and described as a historic residential complex consisting of a two story wood frame structure, garage, and milk house/water tower, with the potential for subsurface deposits including privy pits and dump area (Figure 4-3). The property now, as then, is occupied and well maintained. Because of restricted access to this privately-owned lot, the site could only be examined from the right-of-way. Because this home was built after the current street grid was in place, it is unlikely that archaeological deposits associated with this site extend into the street. Because water/sewer infrastructure work will occur in the street, it is unlikely the current project will impact this resource. Cultural Resources Inventory—Non-DomestWRecycled Water Master Plan Update 15 r_ r V w Figure 4-5 CA-ORA-1330H,site overview from Camino Capistrano Road,facing west AE-SJC-1H AE-SJC-1H, a previously unrecorded site, is located on the northern end of the parcel at 29921 Camino Capistrano. It is a historic road alignment consisting of two segments of poured Portland cement pads that were once part of US Highway 101. Segment 1 is 365 feet long and 20 feet wide, and the southern end has been incorporated into the modem driveway complex of Hidden Creek Estates (Figure 4-6). It is composed of two 10-feet wide concrete slabs that have been poured side by side (Figure 4-7). Two hundred feet to the north, Segment 2 is a 210 feet long by 20 feet wide road segment that is similar in construction to Segment 1 (Figure 4-8). These two segments are located between the modem alignment of Camino Capistrano (on the east) and the Atchison, Topeka, and Santa Fe/Orange County Transit Authority Metrolink railroad tracks(on the west), and are aligned roughly north-south. Near the southeast end of Segment 1 lies a concentration of milled lumber, wheel rims, and metal hardware that represents the remains of a historic wooden horse-drawn wagon(Figure 4-9). The wheel rims measure 4.5 feet wide by 40.75 inches in diameter. Wooden wheel spokes are present. One of the metal pieces is stamped with an "IHC" logo, indicating that it was produced by International Harvester Company prior to 1947. US Highway 101, once the primary north-south artery along the Pacific coast, was completed through this area in 1915 as a single 10 foot wide concrete slab. In the 1930's the road was widened to a double wide pair of slabs creating a 20 foot wide road alignment. In 1941 the rail road tracks immediately to the west of the site were realigned, cutting through the old highway alignment. The City of San Juan Capistrano is aware of the location of these, as well as other, Cultural Resources Inventory—Non-DomesticlRecycled Water Master Plan Update 16 0 0 segments of the old highway. Because of the difficulty of excavating through the slabs, the City has a policy to not impact them with future work. Additionally, as the water/sewer infrastructure work will occur in the street, outside of the boundaries of this resource, the current pipeline project will have no impact on this resource. III � I '3 k S z� 1' Figure 4fi AE-SJC-1$intersection of Segment 1 and Hidden Creek Estates Driveway,facing north Cultural Resources Inventory—Non-DomestWReoyded Water Master Plan Update 17 <&§ - < 7-� ... Figure 4-7 AE-c&Segment tfacing_h / ��++ Figure 4-8 AE-c&Segment&r m_m c_R___mor)�--Non-a__mjRecyded_er__planu_ 18 S ' i e .„may u�y _S: uXr �Y POP$ Figure 4-9 AE-SJC-1H,wagon remains,facing west 4.3.1.2 Map Block 4 One cultural resource (CA-ORA-1338)was identified within the APE in Map Block 4 (Figure 4- 10). CA-ORA-1338 lies beneath the modem citrus grove bounded by Camino Capistrano, the Atchison, Topeka, and Santa Fe railroad tracks, and the confluence of Trabuco and Oso creeks; the northernmost extent of the site crosses Camino Capistrano near the driveway for 30261 Camino Capistrano. This large prehistoric village is a conflation of many small, separately recorded loci. In 1983, Schroth and Cameron recorded a series of small artifact scatters as sites CA-ORA-1035, -1036, -1037, -1038, and -1039 just west of Camino Capistrano. During surface reconnaissance of the area in 1992, Bissell et al. (1992) combined CA-ORA-1035, -1036, -1037, and-1038 with nine other loci containing prehistoric artifacts and recorded the entire complex as CA-ORA-1338. CA-ORA-1039 was not relocated. In 1994, a human burial was encountered within the site boundaries while excavating for an irrigation line (Landis et al. 1994). Figure4-10 Aerial view of Map Block 4 with cultural resources present In support of the EI Camino Real Historical Corridor Enhancement Project, presencelabsence testing was completed at CA-ORA-1338 in 2002. Archaeological work was limited to that project footprint, which covered a corridor between 10 and 15 meters wide on each side of Camino Capistrano. Testing consisted of seven shovel probes excavated where the northeastern comer of the site crosses Camino Capistrano (Figure 4-11). Three shovel probes on the eastern side of the road revealed disturbed context as deep as 60 centimeters below ground surface. No prehistoric artifacts were present. Two of the four shovel probes excavated on the western side Cultural Resources Inventory—Non-DomestWRecycled Water Master Plan Update 19 0 0 of the road did not contain archaeological remains. Another probe revealed a small amount of shell and two small fragments of burned bone, as well as modem items such as clear glass, in disturbed sediments extending 40 centimeters beneath the surface(the vertical extent of the plow zone). No cultural material was found below that level. The last probe on the western side of the road contained an assortment of shell (including Pecten,Mytilus,Megathura, Ostrea, Balanus, and Buccinidae)to a depth of 80 centimeters. Modern artifacts were recovered with the shell in the upper 40 centimeters, but below 40 centimeters the deposit appeared undisturbed. The shell, as well as a fire cracked granitic spall, reflects prehistoric food processing and consumption and suggests an intact subsurface archaeological deposits is present along the western side of Camino Capistrano. When k visited this site on November 20, 2007, it appeared unchanged from previous documentation(Figure 4-12). Route maps for the proposed waterline suggest that it will cross into the site in the exact area where the 2002 Extended Phase 1 testing confirmed that intact archaeological deposits are present. Therefore, it is highly probable that buried cultural material and/or features will be encountered during excavations for the pipeline in this section of Camino Capistrano. There is also a possibility that human remains may be uncovered. There is no indication that CA-ORA- 1338 has ever been evaluated formally for significance or eligibility to the NRNP or CRHR. Additional work at this site may be warranted if it cannot be avoided during construction. 1 n4 S 5 t F c Figure 4-11 The area where CA-ORA-1338 crosses Camino Capistrano,facing north Cultural Resources Inventory—Non-DomestidRecycied Water Master Plan Update 20 1.- Figure 4-12 Overview of CA-ORA-1338,facing south 4.3.1.3 Map Block 6 Map Block 6 contains two archaeological sites: CA-ORA-855 and -1040. These two sites lie parallel to each other and are separated only by Camino Capistrano (Figure 4-13). It is likely that these sites represent a single entity that was split when the roadway was constructed. Figure 4-13 Aerial view of Map Block 6 with cultural resources present CA-ORA-855 CA-ORA-855 is reputed to be the Native American village Putuidem, which may have been occupied as late as the time of Mission San Juan Capistrano. Several archaeological investigations of this site have been completed. From 1980 through 1987, Cypress College and Golden West College conducted seasonal field schools at the site. Work from the first season was described in a preliminary document (Drover and Koerper 1980), and later the results from all eight seasons, including data from 166 excavation units, were detailed in a three volume report (Koerper et al. 1988). These early investigations found that the site was approximately five to six acres in size, with boundaries extending under Camino Capistrano to the west and Junipero Serra to the north. In 1994 a human burial was encountered in the site during trenching for a fiber optic cable(Landis et al. 1994). It was removed from a backhoe trench on the east shoulder of Camino Capistrano approximately 15 meters south of the Junipero Serra Road. Guttural Resources Inventory—Non-DomestmlRecycled Water Master Plan Update 21 Phase III data recovery investigations were carried out at CA-ORA-855 by Chambers Group in 2000 (Koerper and Mason 2001). During these investigations, the yields from 55 excavation units were combined with data from all previously excavated units, allowing for a large sample of artifacts and subsistence remains. The report stated that all completed work met CEQA requirements for the project and commercial development of the property could proceed. However, the authors also noted that human burials and cremations remained intact in the western portion of the site, and activity in that area should be minimized. Despite the presence of human remains, and against the wishes of the local Native American community, the athletic complex for the JSerra Catholic High School was constructed on the site in 2005. When fE visited the site in November 2007, it appeared that the athletic facility had obliterated all surface remains and probably most subsurface evidence of this site(Figure 4-14). However, it is possible that buried deposits escaped construction damage. Previous investigators have stated that it is highly likely that the site continues to the west under Camino Capistrano, in the APE of the current project. Therefore, the proposed infrastructure upgrades could very likely impact this site. — va Figure 4-14 Overview of CA-ORA-855,view to the northeast from the intersection of Oso Road and Camino Capistrano. CA-ORA-1040 CA-ORA-1040 was first recorded in 1983 as a large scatter of lithic artifacts and shell that was likely connected to CA-ORA-855 to the east(Schroth, Cameron, and Berry 1983). The southern half of the site was severely damaged by the construction of Saddleback Valley Christian School in 1997. In 2000, 75 artifacts were recovered during monitoring of trenching for a drainage "uRural Resources Inventory—Non-Domestic/Recycled Water Master Plan Update 22 project at the school, indicating the presence of subsurface deposits at the site(Hoover 2000). In November 2007, 1E found the site unchanged from prior documentation(Figure 4-15). While this site has been impacted by construction and development of the school, intact deposits may still exist, particularly in the less developed northern and western portions of the site. As this site is very likely a continuation of CA-ORA-855, located across Camino Capistrano, there is a high likelihood that intact archaeological deposits lay within the APE of the current project. b^c S Figure 4-15 Overview of CA-ORA-1040,view to the northwest from the intersection of Oso Road and Camino Capistrano. 4.3.1.4 Map Block 9 One site (CA-ORA-248) is located within Map Block 9 (Figure 4-16). This site was recorded in 1968 when artifacts were exposed during construction of a fireplace foundation(Robinson 1968). The site record indicates that the area may have contained a milling site, but all traces of it had been destroyed. The site is plotted on the east side of Trabuco Creek on the Information Center's master maps, but the access directions and sketch map on the original site record clearly place it on the west side of the creek, well away from the project APE. The site currently lies within the backyard of the residence at 31591 Paseo Don Jose. Modern residential development has erased all surface traces of this site, which will not be impacted by the current project. Figure4-16 Aerial view of Map Block 9 with cultural resources present -ultural Resources Inventory—Non-DomesbaRecycled Water Master Plan Update 23 4.3.1.5 Map Block 10 Map Block 10 contains four recorded archaeological sites: CA-ORA-600K -841K -1191, and -1271/H(Figure 4-17). This part of downtown San Juan Capistrano is extremely sensitive archaeologically. Even in urbanized areas, intact prehistoric and early historic deposits may be preserved beneath buildings, pavement, modern landscaping, and other features of the urban environment that obscure their surface expression. Figure 4-17 Aerial view of Map Block 10 with cultural resources present CA-ORA-600H CA-ORA-600H is the Mission San Juan Capistrano and its associated grounds. The current confines of the Mission are delineated by Ortega Highway (CA-SR-74)on the south, Camino Capistrano on the west, Acjachema Street on the north, and EI Camino Real on the East. Mission San Juan Capistrano was founded in 1775 and abandoned shortly thereafter. One year later, in 1776, Father Junipero Serra founded the current mission, the seventh in the Alta California mission chain. The mission flourished and quickly became an economic power as well as fulfilling its intended purpose as a center for European acculturation in the region. Construction on the New Church began in 1797 and was completed nine years later. The most prosperous year for the mission was 1811, one year before a massive earthquake destroyed the New Church. With the beginning of secularization in 1835, the mission began to fall farther into disrepair. In 1863 the United States government returned the mission to the Catholic Church. Throughout the early twentieth century restoration work was carried out, with the current mission walls being established in 1917. While the current pipeline project will not impact any part of the Mission inside of these walls, historic maps of the area show a greater extent to the mission grounds than exists today. On the 1872 plat map by Reynolds, the area west of the mission, currently under Camino Capistrano, was part of something labeled as"Tract No. 1,"which contained "Gardens& Buildings". Historic photographs from the 1920's show that there were few if any surface traces of Tract No. I buildings by the early twentieth century. However, excavations for street lights along Camino Capistrano in 1990 encountered in situ foundations of no longer extant structures and walls(Schmit and Foster 1990). Additionally the stratified historic refuse deposits visible at CA-ORA-1154H(see Map Block 14), approximately 250 feet to the west, suggest the likelihood of continuous deposits under the region west of the current mission grounds. With these points in mind, it is a virtual certainty that intact historic deposits and features will be encountered along this section of Camino Capistrano, Ortega Highway, EI Camino Real, and Acjachema Street during construction of the current project. CA-ORA-841H Originally recorded in 1979, CA-ORA-841H is a mission-era site composed of three loci (Magalousis 1979). Locus A, located on the western shoulder of EI Camino Real, contains bone, shell, brick or tile, ceramics, glass, and possibly glass beads. However, in 1989 local residents told archaeologists from Chambers Group, Inc. that El Camino Real has been raised with uRura/Resources Inventory—Non-DomesticlRecyc%d Water Master Plan Update 24 imported fill in this area, and that the area was also used as a dump by local residents. The archaeologists were therefore unclear if the remains represented in situ deposits or disturbed fill. During)E's November field visit, this site was found to be covered by a driveway for the Capistrano Adult School. Locus B, also located on the western shoulder of El Camino Real, was first recorded as a dense deposit of brick and tile visible in a cut behind the Capistrano Adult School (Chambers Group 1989). The investigators could not determine if the deposit was associated with an in situ structure. One informant told the Chambers archaeologists that El Camino Real had been built up by pushing soil down from the hill to the east, suggesting to the researchers that the brick and tile may be the remains of a mission-era kiln that once existed on the hill. When)E visited this locus in November 2007, the cut identified by Chambers Group was still intact, and a stratified deposit was still visible (Figure 4-18). Locus C was recorded by Magalousis(1979) as an area of adobe brick and tile, possibly indicating the location of a structure or kiln, on the eastern shoulder of El Camino Real. lE's November 2007 visit found that the site is now under the library parking area on the southeast corner of El Camino Real and El Homo Street. Although this area has been developed, it is possible that intact archaeological deposits exist within the APE. •Lt' N rrii �r fi y rs}"3M Ir n `�i'. "—U 4, Figure4-18 Overview of cut bank identified as Locus B of CA-ORA-84111,facing west CA-ORA-1191 CA-ORA-1191 was recorded in 1988 on the south side of Acjachema Street between La Matanza Street on the west and La Caldera Street on the east(Mason 1988). Observed during a pedestrian survey, this site reportedly had a small amount of shell, bone, and one flaked stone tool on the surface. These artifacts were located near a hydrant and a telephone pole, leading the Culural Resources Inventory—Non-DomestWRecycled Water Master Plan Update 25 0 9 investigators to believe that they had been excavated during the installation of these features. At the time of the EE's visit in November 2007, no cultural materials were noted on the surface (Figure 4-19). However the artifacts observed by previous investigators suggest that subsurface deposits could be present. YN ul^ �S 4 jt t c tr fi� ,vim a � r Figure4-19 Overview of CA-ORA-1191,view along the south side of Acjaehema Street,toward the Mission,facing west. CA-ORA-1271/H Located at 27182 Ortega Highway, CA-ORA-1271/H is the site of the historic Forster Mansion, a 6000 square foot Mission Revival style residence built by Frank Forster in 1910 and current home to the House of Photographic Art (HOPA). This structure, listed on the National Register of Historic Places, is in excellent condition and well maintained. A prehistoric component was Cultural Resources lnventory—Non-Domestio/Recycled Water Master Plan Update 26 0 0 recorded southeast of the mansion, approximately 100 meters from the intersection of the San Diego Freeway offramp and Ortega Highway (Sundberg 1991). This component of the site appears to have been obliterated during construction of the commercial shopping center immediately east of the property at 27184 Ortega Highway. The project APE in this area lies entirely within the street. Since this structure was built after the street grid was established, it is not likely that the site extends into the street. Therefore, the current pipeline project will have no impact on this site. 4.3.1.6 Map Block 13 Map Block 13 contains one resource(Figure 4-20). Site P-30-176807 is the bridge that carries Del Obispo Street over Trabuco Creek. It is well maintained and receives active daily use. Although the structure dates to 1946, a 2006 evaluation of the structure found that it was not eligible for the NRNP or the CRHR(Demcak 2006). This bridge is not located within the project APE, and thus will not be impacted by the project. Figure 4-20 Aerial view of Map Block 13 with cultural resources present 4.3.1.7 Map Block 14 Five resources are present in Map Block 14: CA-ORA-834/H and -115411, a small section of CA-ORA-600H(discussed above), P-30-160128, and the Los Rios Historic District (Figure 4- 21). Like Block 10, this area lies in the heart of the city's historical core. Figure4-21 Aerial view of Map Block 14 with cultural resources present. CA-ORA-834/H CA-ORA-834/H is located east of the intersection of El Camino Real and Yorba Street. It was originally recorded in 1979 as a concentration of artifacts dating between 1794 and 1930 and associated with the Mendelson Inn (in operation from the 1870s to 1930)and/or the Tejada Adobe (a wing of the Blas Aguilar Adobe). In 1986, the City of San Juan Capistrano was assembling vacant land parcels in the downtown core for future commercial development and selected a developer to create a commercial plaza and hotel that would be called the Historic Town Center. This center was slated to be built in the location of ORA-834/11. Archaeological testing of the Center area in 1987 resulted in the discovery of building foundations and a large number of Native American, Hispanic, and European artifacts in several loci representing various periods of City history. Locus A consists of a trash dump from the Mendleson Inn. Locus B contained clay roof and floor tiles, suggestive of a Mission-era or early Hispanic-period adobe structure. Locus C contained artifacts related to the hotel as well as lithic debitage. The Mission Vieja Zanja was identified as Locus D. Locus E was a rockpile and river cobbles that were tentatively identified as ground stone tools. Because of these extensive finds, the Historic Town Center project was put on hold. After conducting a public participation planning program to consider development options for the Historic Town Center Project, the City adopted the Historic Town Center Master Plan in 1993. This plan established a central park area that is essentially an archaeological preserve for site CA-ORA-834/H(Figure 4-22). The Blas Aguilar Adobe, discussed below, is also located within the Park. Cultural Resources Inventory—Non-DomestkIRecycled Water Master Plan Update 27 ina>5,/f" •• ,{ 4t 1. f ' r 77 Figure 4-22 Overview of CA-ORA-834/H at Historic Town Center Park looking toward EI Camino Real,view to west. The current pipeline project down El Camino Real is outside of the recorded boundaries of CA- ORA-834/H, and thus will not impact the Park or the resources preserved there. However, because artifacts recovered from this site indicate extensive development from the early history of the City, there it is likely that buried cultural deposits or features from this site extend beneath EI Camino Real. CA-ORA-1154H This site was recorded in 1988 as a scatter of cement, bricks, nails, butchered bone, glass, Mission period ceramics and tiles, and the remains of a cement wall located on an exposed cut bank on the east side of the parking area for the San Juan Capistrano train station (McKenna 1988). The original investigators questioned the context of the site, suggesting that instead of this being a cut bank, the artifacts and associated soils may have been imported as fill to raise the area(McKenna and Hatheway 1988). ,E's November 2007 investigation found the site to be generally unchanged with a variety of cultural materials actively eroding from a 45-foot length of the cut bank(Figure 4-23). Heavily patmated plate and bottle glass, butchered bone, clay tile fragments, and red bricks with mortar suggest domestic refuse as well as construction demolition. These materials appear to be confined to a four foot thick stratum located beneath an abandoned poured concrete sidewalk. While it is uncertain whether these deposits are in situ primary deposits or redeposited materials, Cultural Resources Inventory--Non-DomestidRecyded Water Master Plan Update 28 this site is situated within the area once incorporated by the mission walls, and may be associated with the Mission. x � Figure 4-23 Overview of the Cut bank recorded at CA-ORA-1154H,showing its relationship to the train station parking lot(at the bottom of the frame),view to the east While the current pipeline project will not directly impact this resource, the location of this site in relation to CA-ORA-600H indicates that there is a great likelihood for archaeological deposits to extend beneath El Camino Real. P-30-160128 The Blas Aguilar Adobe(P-30-160128), located at 81806 El Camino Real, is a standing historic residence built in 1794 as a home for the mayordomos of the Mission. Known as Casa de Cultural Resources Inventory—Non-DomestoRecycled Water Master Plan Update 29 0 0 Esperanza, the adobe was purchased from Zeferino Taroge,the last Indian chanter at the Mission, by Don Blas Aguilar, the last Acalde of San Juan Capistrano, who then resided there (Roberts 1936:155). Though some minor modifications have taken place, the structure is well maintained and currently houses the Juanefio Acjachamen Cultural Center. This property is listed on the National Register of Historic Places. While the current pipeline project will not directly affect this historic property, trenching in El Camino Real immediately adjacent to the adobe may encounter buried historic features associated with the early occupation of the adobe. Los Rios Historic District Within Map Block 14, a segment of proposed recycled waterline extends along Del Obispo Street west of Camino Capistrano. Del Obispo Street forms the southern boundary of the Los Rios Historic District, which includes 31 structures that line both sides of Los Rios Street between Del Obispo and Mission streets. Listed on the National Register of Historic Places in 1983, the District comprises one of the oldest continuing residential neighborhoods in California. The district first became a location for the homes of the Acjachemen(Luisefio)Mission Indians who were not confined to the Mission grounds. Three of the original adobe residences built in 1794 remain: the Silvas, Rios, and Montafiez adobes. As the other adobes that once lined the street vanished due to neglect or demolition, board and batten houses of similar sizes and appearance replaced them. These contributing elements of the District reflect the working class character of the neighborhood and its evolution over 200 years. The proposed waterline will not impact the significant architectural or historical qualities of the district; however, pipeline installation may impact archaeological remains associated with the district. 4.3.1.8 Map Block 18 Only one cultural resource, CA-ORA-1342H, the Kinoshita Farm, is located on Map Block 18 (Figure 4-24). The site is located at 32701 Alipaz Road, on the northwest corner of the intersection of Alipaz Road and Camino del Avion. Occupied as a residence from 1878 to 1975, the site consists of a historic residential farmhouse with a collection of out buildings including a bunkhouse, milk house/water tower, and several shed and/or shop structures. Joel Rathburn Congdon built the main farmhouse in 1878 (some place the construction date as early as 1876) and is said to have been the first to introduce the commercial growing of English Walnuts in Orange County. The Congdon sold the property in 1887 to Los Angeles banker "Major Bonebreak" In 1955 the land and house was purchased by Sanji Kinoshita. For preservation purposes, the property was placed into a city agricultural preserve in 1977. In 1991 the land was purchased by the City of San Juan Capistrano as the Kinoshita Farm Agricultural Preserve. The main farmhouse underwent major restoration and renovation in 2001. The property is currently leased to and operated as an organic farm by South Coast Farms. Figure 4-24 Aerial view of Map Block 18 with cultural resources present. This site was originally recorded in 1992 (Becker 1992) and currently is in good condition, as the main farmhouse was restored in 2000 (Figure 4-25). The current pipeline project will have no Cultural Resources Inventory—Non-Domestic/Recycled Water Master Plan Update 30 direct impact on the standing resources at Kinoshita farm. It is also unlikely that features associated with the farm extend under Alipaz Road. Therefore, the project will have no impact on this resource. �1 Figure4-25 Overview of CA-ORA-1342H from Alipaz Road,view to the west 4.3.1.9 Map Block 19 Only one cultural resource has been recorded within Map Block 19 (Figure 4-26). Located along the south side of the current alignment for Novia Avenue, CA-ORA-923 was originally recorded in 1980 as an isolated prehistoric lithic artifact (Van Horn and Murray 1980). Subsequent construction of Novia Avenue has radically altered the landscape and likely destroyed all traces of this resource. No traces of the site were located by iE in November 2007. The current pipeline project will not impact any cultural resources in this Map Block. Figure4-26 Aerial view of Map Block 19 with cultural resources present 4.3.1.10 Map Block 22 Only one cultural resource, CA-ORA-835 has been recorded within Map Block 22 (Figure 4-27). Located at the intersection of Camino Capistrano and Aveinda Aeropuerto, immediately adjacent the south bound lanes of I-5, CA-ORA-835 was originally recorded in 1979 as a small prehistoric campsite (NGtchell 1979a). All traces of this site appear to have been erased by construction of the southbound lanes of I-5. Because of the extent of freeway construction, there Cultural Resources Inventory—Nor-DomestrJRecyded Water Master Plan Update 31 • • is little potential for intact buried site deposits in the area. The current pipeline project will not impact any extant cultural resources in this Map Block. Figure 4-27 Aerial view of Map Block 22 with cultural resources present. 4.3.1.11 Map Block 26 One cultural resource, CA-ORA-838, has been recorded within Map Block 26 (Figure 4-28). Originally recorded in 1979, CA-ORA-838 was reported to be a small prehistoric campsite (Mitchell 1979b). While only incomplete locational data was available for this resource, two likely locations were visited and assessed. The first location, plotted on the maps at the Information Center, was west of Avenida California and within the pipeline APE. This area has been extensively graded and landscaped as part of a modern residential housing development. The second location, gleaned from land descriptions on the archaeological site record, is several hundred feet to the northeast, outside the Project APE, and in an area heavily disturbed by the construction of the north bound lanes of 1-5. Because the site appears to have been destroyed, and may not even exist within the APE, the current pipeline project will not impact any extant cultural resources in this Map Block. Figure4-28 Aerial view of Map Block 26 with cultural resources present. Culture/Resources Inventory—Non-DomestclRecydad Water Master Plan Update 32 rl 1:0 . . . . . � O, I@ sit y 1 , 3_ 1 1 11 111 look f x � Rte_ �` �t -l; � 4.a5•��`e ' p3 �� u y C a , Al s a F � �� off t E w� A .y L iL Q16i Vy � .J •J r,- � t (• S� 1. 1 g ,Ldddk I Al f . r � l • r x Y •- - � x'16 k - - .a r 1( , f � r i, d k r 4, . so 7-1 7 mpg ic Pv '7 h" R x ° .47 r \ i � h .L..S:l-..l'�J 'y. - _- r {. fr ' _ h r h. • t j� OR w1h ' � - '!`• '� a,m� .�"`+, � t:.^aj � ��I�i T:. w�t1p'ay1F,e i � Iwo OVIN INTO Or Rti i illi , M Y _ 1T to F+W40 10 Its rap TV Ar 36 _mak ... �.� ��_ ,J 1 � xn�i• t� + i :P!_ ,.%* �nVi' - a .• ""_Ar Y f�� r �r oir 3 v R1 a .r r i � V y'r loom AV J Jd i .. ii 3 �L�'�6� F a t•E 4 `� 1�f' i `' e la r«$ E fir. �. IF f It • t t • f�t mai, <� yl _ +-" �• f Y , a 4 ' 1 1 I 11 111 5 MANAGEMENT RECOMMENDATIONS During.QE's investigations, 20 sites that appeared to be within or adjacent to the project APE were visited and assessed. Table 5-1, below, summarizes the results of these studies. Table 5-1 Results of Cultural Resources Study and Site Assessment As indicated in the table, eight of the 20 identified sites may be affected by the proposed water and sewer infrastructure upgrades. Few of these sites have been evaluated formally for their eligibility to the National Register of Historic Places or California Register of Historical Resources, but their likely association with Native American occupation, the mission, and subsequent historical development suggests that many of the sites would qualify as NRHP- eligible historic properties and significant historical resources according to CEQA. If construction through or adjacent to these sites cannot be avoided, then additional archaeological investigations may be necessary to determine whether intact cultural deposits exist within the APE, and whether or not they qualify as NRNP- or CRHR-eligible properties. If significant intact deposits are present, then mitigative data recovery excavation may be warranted. In an area with high sensitivity for archaeological remains, a Phase 2 archaeological testing program is normally carried out to identify and evaluate subsurface deposits. However, given the logistical constraints of conducting work in residential neighborhoods and the central business district, such as street closure, traffic management, and interruption in utility services, preconstruction testing is not practical for this project. Furthermore, the geographical extent of the project and lack of historical detail regarding land use outside of the mission compound limit our ability to predict the location of potentially significant deposits, which in turn limits the effectiveness of standard archaeological testing techniques alone to identify cultural resources. In lieu of typical preconstruction testing, RE recommends a program that combines resource identification, evaluation, and data recovery efforts. This approach would combine the discovery of deposits, evaluation of resource significance, assessment of project impacts on those resources, identification of treatment options, and mitigation into a single phase of investigation. This approach would be driven by an Archaeological Evaluation and Data Recovery Plan (AEDRP). The AEDRP shall set forth criteria for evaluating the significance of resources discovered during construction and identify appropriate data recovery methods and procedures to mitigate project effects on significant resources. This plan shall be approved by SHPO prior to the start of construction, and shall be implemented by a qualified archaeologist concurrent with construction. At a minimum, the AEDRP shall include a summary of available information on known sites and sensitive locations in the project area; a historical context for resources that may be encountered during construction; a research design outlining important historical themes and research questions relevant to the known sites in the study area; specific and well-defined criteria for evaluating the significance of discovered remains; and data requirements and the appropriate Cultural Resources Inventory—Non-DomesticlRecycled Water Master Plan Update 33 0 • field and laboratory methods and procedures to be used to treat the effects of the project on significant resources. The AEDRP shall also provide for a final technical report on all cultural resource studies and for curation of artifacts and other recovered remains at a qualified curation facility. Cultural Resources Inventory—Non-Domestic/Recycied Water Master Plan Update 34 6 REFERENCES Bean, Lowell John, and Florence C. Shipek 1978 Luiseno. In California, Robert F. Heizer, pp. 550-563. Handbook of North American Indians, vol. 8, William C. Sturtevant, general editor. Smithsonian Institution, Washington, D.C. Becker,Kenneth M. 1992 Archaeological Site Record for CA-ORA-1342H. On file at South Central Coastal Information Center, California State University, Fullerton. Becker, Kenneth M. and Jeanette A. McKenna 1992a Archaeological Site Record for CA-ORA-1327/H. On file at South Central Coastal Information Center, California State University, Fullerton. Becker, Kenneth M. and Jeanette A. McKenna 1992b Archaeological Site Record for CA-ORA-1330/H. On file at South Central Coastal Information Center, California State University, Fullerton. Cameron, Constance 1999 Determining Tribal Boundaries through Potsherds: An Archaeological Perspective. Pacific Coast Archaeological Society Quarterly 35(2-3). Chambers Group, Inc. 1989 Cultural Resources Intensive Survey of the Proposed San Juan Capistrano Civic Center Property, Orange County, California. Demcak, Carol 2006 Cultural Resources Assessment of Del Obispo Bridge, San Juan Capistrano, Orange County, California. On file at South Central Coastal Information Center, California State University, Fullerton. Drover, Christopher E. and Henry C. Koerper 1980 Preliminary Report on Spring 1980 Test Excavations—CA-ORA-855. Ms. On file, University of California, Los Angeles, Archaeological Survey. Hoover, Anna M. 2000 Archaeological Site Record for CA-ORA-1040/H. On file at South Central Coastal Information Center, California State University, Fullerton. Koerper, Henry C., Paul E. Langenwalter, 11, and Adella Schroth 1988 The Putuidem Project: Archaeological Investigations at CA-ORA-855. Prepared for Enterprise Construction, Irvine, California. Ms. On file, City of San Juan Capistrano, Orange County, California. Cultural Resources Inventory—Non-Domestic/Recycled Water Master Plan Update 35 9 0 Koerper, Henry C. and Roger D. Mason 2001 Results of Data Recovery at CA-ORA-855, San Juan Capistrano, Orange County, California. With contributions by Paul E. Langenwalter II, Adella B. Schroth, Robert O. Gibson, Steve L. Martin, Virginia S. Popper, and Richard Huddleston. Prepared fro WSMI Real Estate Limited Partnership, c/o Archon Group LP, Iriving, TX. Prepared by Chambers Group, Inc., Irvine California. Kroeber, Alfred L. 1925 The Juaneno. In Handbook of the Indians of California, pp. 636-647. Bureau of American Ethnology, Smithsonian Institution, Washington, D.C. Landis, Daniel G., Richard Cerreto, and Arturo Ruelas 1994 Archaeological Monitoring of a Fiber Optic Cable Installation along Camino Capistrano, Orange County, California. Prepared for Times Mirro Cable Television, Irvine, California. Prepared by Greenwood and Associates, Pacific Palisades, California. Magalousis, Nicholas M. 1979 Archaeological Site Record for CA-ORA-841H. On file at South Central Coastal Information Center, California State University, Fullerton. Mason, Vicki 1988 Archaeological Site Record for CA-ORA-1040/II. On file at South Central Coastal Information Center, California State University, Fullerton. McKenna, Jeanette A. 1988 Archaeological Site Record for CA-ORA-1154H. On file at South Central Coastal Information Center, California State University, Fullerton. McKenna, Jeanette A. and Roger G. Hatheway 1988 Archaeological Site Record for CA-ORA-1154/H. On file at South Central Coastal Information Center, California State University, Fullerton. Mitchell, L. 1979a Archaeological Site Record for CA-ORA-835. On file at South Central Coastal Information Center, California State University, Fullerton. Mitchell, L. 1979b Archaeological Site Record for CA-ORA-835. On file at South Central Coastal Information Center, California State University, Fullerton. Moratto, Michael J. 1984 California Archaeology. Academic Press, Orlando. Roberts, C.E. 1936 Adobes of Orange County California. W.P.A. Research Project#3105. Private collection of Robert Lichtenstein. Cultural Resources Inventory--Non-Domestic/Recycled Water Master Plan Update 36 Robinson, P. 1968 Archaeological Site Record for CA-ORA-248. On file at South Central Coastal Information Center, California State University, Fullerton. Schroth, Cameron, and Berry 1983 Archaeological Site Record for CA-ORA-1040/H. On file at South Central Coastal Information Center, California State University, Fullerton. Sundberg, F. 1991 Archaeological Site Record for CA-ORA-1271/H. On file at South Central Coastal Information Center, California State University, Fullerton. Van Horn and Murray 1980 Archaeological Site Record for CA-ORA-923. On file at South Central Coastal Information Center, California State University, Fullerton. Wallace, William J. 1955 A Suggested Chronology for Southern California Coastal Archaeology. Southwestern Journal of Anthropology 11:214-230. Warren, Claude N. 1968 Cultural Tradition and Ecological Adaptation on the Southern California Coast. In Archaic Prehistory in the Western United States, edited by C. Irwin-Williams, pp. 1- 14. Eastern New Mexico University Contributions in Archaeology 1(3). Cultural Resources Inventory—Non-DomesticYRecycled Water Master Plan Update 37 1 - 32400 PASEO ADEL.ANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)493-1171 In[011oARim THOMAS W HRIBAR (949)493-1053 FAx • (SiMus9m 1961 Wx W.san)uanc apistran0.orb' p]5 OESLSEN OTO DR.LONORES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, June 17, 2008 in the City Council Chamber in City Hall, to consider: "Consideration of Amendment No. 3 to the Personal Services Agreement for the Recycled Water Master Plan Update Program Environmental Impact Report (Envirommnetal Science Associations) (CIP# 792)" — Item No. D15. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, June 16, 2008 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Joe Mankawich, Associate Engineer. You may contact that staff member at (949) 487-4313 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerkasanivancapistrano.org. Meg Monahan, MMC City Clerk cc: Environmental Science Associates; Joe Mankawich, Associate Engineer Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100%recycled paper • • 11/6/2007 AGENDA REPORT D 1 3 TO: Dave Adams, City Manager '�k FROM: Cindy Russell, Interim Public Works Director SUBJECT: Consideration of Addendum No. 2 to the Personal Services Agreement for the Recycled Water Master Plan Update Program Environmental Impact Report (Environmental Science Associates) (CIP# 792) RECOMMENDATION: By motion, approve Addendum No. 2 to the Personal Services Agreement with Environmental Science Associates for an increase of $20,226 to the existing contract for the conduct of a Section 106 Cultural Resources Field Study and Consultation. SITUATION: To assist in funding the Recycled Water Master Plan (RWMP), staff and its consultant Environmental Science Associates (ESA), consulted with the State Water Resources Control Board (SWRCB). The SWRCB administrates the State Revolving Fund (SRF) low interest loan program regarding the adequacy and completeness of the RWMP and the Program Environmental Impact Report (PEIR), for the purpose of making a low interest loan application (LILA). The SRF has a program to fund recycled water projects via low interest loans given at a rate of one half the states general obligation bond rate, or about 2.5% - 3% at current. The PEIR identified cultural resources that the SWRCB considered would require additional study and documentation for the purposes of meeting section 106 consultation compliance of the National Historical Preservation Act to comply with SFR requirements in the LILA process. ESA had detailed discussions with the SWRCB staff on the work needed in addition to that conducted in the PEIR. The work includes additional field work to document the current condition and value of the identified sites, additional consultation with the local Native American Indian representatives, and providing an updated cultural resources report as detailed on its proposal. The cost of the work is $20,226.30. Staff recommends this change order so that the LILA can be completed and submitted. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: The Water Advisory Commission has been kept apprised of the course of this component of the RWMP and PEIR. Agenda Report • • November 6, 2007 Page 2 FINANCIAL CONSIDERATIONS: The Fiscal Year 2007-2008 Capital Improvement Budget includes $250,000 for the preparation of a PEIR for the LILA. The recommended Amendment to the Personal Services Agreement with ESA can be covered within the budgeted amount. NOTIFICATION: Environmental Science Associates RECOMMENDATION: By motion, approve Addendum No. 2 to the Personal Services Agreement with Environmental Science Associates, for an increase of $20,226 to the existing contract for the conduct of a Section 106 Cultural Resources Field Study and Consultation. Respectfully submitted, Prepared reG �� Cindy R sell Eric P. Bauman, P.E. Interim Public Works Director Water Engineering Manager Attachment: 1. Amendment No. 2 AMENDMENT NO. 2 TO PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of 2007, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and ENVIRONMENTAL SCIENCE ASSOCIATES., (hereinafter referred to as "Consultant'). RECITALS: WHEREAS, City and consultant have entered into a Personal Services Agreement dated September 19, 2006, for a total of $187,327 for environmental consultant services for the Recycled Water Master Plan Update, and, WHEREAS, Amendment No. 1 to this agreement dated October 20, 2006 for $28,000, was implemented for additional services. WHEREAS, City and Consultant agree that additional services outlined in the cost estimate as set forth in Exhibit "A", attached and incorporated herein by reference, are required for which extra compensation will become due. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Additional Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "A" for Cultural Resources Evaluation. 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. Additional Compensation. City hereby agrees to pay the additional sum of Twenty Thousand, Two Hundred Twenty-Six dollars and thirty Cents ($20,226.30) for a revised total contract price of $235,553.30 to Consultant for those services performed as set forth in Exhibit "A". These additional services to the Agreement shall commence on the effective date of this Amendment. Section 3. Relationship to Agreement. Except as to Sections 1 and 2 herein, all other terms and conditions of the Agreement shall remain unchanged. 1 ATTACHMENT Section 4. Contract Term. This Agreement will extend the contract completion date to December 30, 2008. Section 5. Entire Agreement. This entire Agreement between the City and Consultant with respect to those extra services described herein and any other understandings, oral or in writing, are hereby superseded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: Sam Allevato , Mayor CONSULTANT By: Environmental Science Associates ATTEST: Margaret R. Monahan, City Clerk APPROVED AS TO FORM: 41---- john R. Sh r, City Attorney 2 • ate,► • 32400 PASEO AOELANTO � .�� MEMBERS OFTHE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 TO (949)493.1171 /,�y+ THOMAS W.HR (949)493-1053 FAx • Y3' I�[OAYOAPi(0 THOMAS W.HRIBAR FS1776Fo 1961 JOE SOTELSEN www.sanjuancapi.ctrana.arg p76 JOE SOTO DR.LONDRES USO NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:30 p.m. on Tuesday, November 6, 2007 in the City Council Chamber in City Hall, to consider: "Consideration of Addendum No. 2 to the Personal Services Agreement for the Recycled Water Master Plan Update Program Environmental Impact Report (Environmental Science Associates)(CIP#792)" — Item No. D13. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m. on Monday, November 5, 2007 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Eric P. Bauman, P.E., Water Engineering Manager. You may contact that staff member at (949) 487- 4312 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: citvclerkCcD san iva ncaaistra no.org. Meg Monahan, MMC City Clerk cc: Environmental Science Associates; Cindy Russell, Interim Public Works Director; Eric P. Bauman, P.E., Water Engineering Manager Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future CaPrinted on 100%recycled paper 32400 PASEO ADELANTO � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i SAM TO (948)493-1171 by THOMAS W. FR (949)493-1053 FAX h" Nf0R10AAtEA THOMAS L HRIBAR fS1Al116 1961 MARK NIELSEN www.sanjuancapictrano.org 1778 JOE ROTO • • DR.LONDRES USO November 8, 2007 • NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On November 6, 2007, the City Council of San Juan Capistrano met regarding: "Consideration of Addendum No. 2 to the Personal Services Agreement for the Recycled Water Master Plan Update Program Environmental Impact Report (Environmental Science Associates)(CIP#792)" Item No. D13. The following action was taken at the meeting: Addendum No. 2 to the Personal Services Agreement with Environmental Science Associates, for an increase of $20,226 to the existing contract, for the conduct of a Section 106 — cultural resources field study and consultation, approved. If you have any questions regarding this action, please contact Eric P. Bauman, P.E., Water Engineering Manager at (949) 487-4312 for more detailed information. Thank you, Me on han, MMC Ci Clerk Cc: Environmental Science Associates; Cindy Russell, Interim Public Works Director; Eric P. Bauman, P.E., Water Engineering Manager San Juan Capistrano: Preserving the Past to Enhance the Future `^, Printed on 100%recycled paper Jwr, fjy _ • 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i f,�J (949)493-1171 /,( SAM ALLEVATO (949)493-1053 FAX • �.% 1 IA[U11411111 THOMAS W.HRISAR [SRRIRFI 1961 MARK NIELSEN www.sanjuancapistrano.org 1776 JOE SOTO DR,LONORES USO • TRANSMITTAL TO: Tom Barnes Environmental Science Associates 707 Wilshire Blvd. Los Angeles, CA 90017 DATE: November 8, 2007007 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Amendment No 2. to Personal Services Agreement— Recycled Water Master Plan 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 Eric P. Bauman, Water Engineering Manager (949) 487-4312. An original Amendment No 2. is enclosed for your records. Cc: Eric P. Bauman, Water Engineering Manager San Juan Capistrano: Preserving the Past to Enhance the Future Page 1 of 2 Meg Monahan From: Christine Casper Sent: Friday, October 26, 2007 9:51 AM To: Meg Monahan Subject: RE: Environmental Science -- Agreement approved by council Meg, Please see e-mail below.......The agenda for this amendment was cancelled by Cindy and it will be signed by Dave. Do you have the original of this amendment? I only have the copies and I need to do a PO for this. Thanks, Chris Clw4tf nem M Ca4per Administrative Specialist Public Works Department 949-487-4306 FAX 493-3955 From: Meg Monahan Sent: Monday, October 15, 2007 2:20 PM To: Eric Bauman Cc: Christine Casper Subject: Environmental Science -- Agreement approved by council Hi Eric, I received "Amendment No. 2 to personal services agreement w/ Environmental Science Associates. It is to increase the compensation by $20,226.30. This amendment cannot be approved by the city manager because the original agreement was approved by the City Council. It must go back to Council for approval. Do you want me to hold these until they go through on the consent calendar? You might want to add this to the November 6th meeting. Thanks, 10/29/2007 • • Page 1 of 1 Meg Monahan From: Meg Monahan Sent: Monday, October 15, 2007 2:20 PM To: Eric Bauman Cc: Christine Casper Subject: Environmental Science -- Agreement approved by council Hi Eric, I received "Amendment No. 2 to personal services agreement w/ Environmental Science Associates. It is to increase the compensation by $20,226.30. This amendment cannot be approved by the city manager because the original agreement was approved by the City Council. It must go back to Council for approval. Do you want me to hold these until they go through on the consent calendar? You might want to add this to the November 6th meeting. Thanks, Meg Monahan, MMC City Clerk 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (949) 443-6308 (949) 493-1053 - fax From: John Shaw Sent: Monday, October 15, 2007 1:32 PM To: Meg Monahan Subject: On your question Re: Environ. Sciences Agreement; the answer is yes definitely it goes back to council since the council was the original approving body on this one. 10/15/2007 • • Page 2 of 2 Meg Monahan, MMC City Clerk 32400 Paseo Adelanto � San Juan Capistrano, CA 92675 (949) 443-6308 (949) 493-1053 - fax From: John Shaw Sent: Monday, October 15, 2007 1:32 PM To: Meg Monahan Subject: On your question Re: Environ. Sciences Agreement; the answer is yes definitely it goes back to council since the council was the original approving body on this one. 10/29/2007 • T�1 r2.S'C- t�oTl c� CITY CLERK'S DEPARTMENT-ACTION REMINDER u, T Peter Salgado , �`�cj`2 ��Vk t OM: Christy Swanson, Secretary DATE: June 1, 2007 I SITUATION: On September 19, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Environmental Science Associates to provide Recycled Water Master Plan Update. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2007. Please notify our office if agreement has been completed or will be extended. ACTION TO BETAKEN: ;F,,rs&w 7v /21301v?- DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: �/ 0 f ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler Date: 06/01/07 Deadline Date: 06/30/07 (600.301envir.Sci) 9/5/2006 AGENDA REPORT D 1 Z TO: Dave Adams, City Manage 4 FROM: John W. Elwell, Interim Public Works Director SUBJECT: Consideration of a Personal Services Agreement for the Recycled Water Master Plan Update Program Environmental Impact Report (Environmental Science Associates) (CIP# 792) RECOMMENDATION: By motion, approve a Personal Services Agreement with Environmental Science Associates for a total of $187,327 for the preparation of Recycled Water Master Plan Update Program Environmental Impact Report. SITUATION: Since its adoption in 2000, several changed conditions have impacted the City's Recycled Water Master Plan (RWMP). This includes changes in the user type and demand, condition of the City's existing water infrastructure, potential source of non- domestictrecycled water, and proposed improvements to the City's Domestic Water System. These changed conditions have resulted in the need to update the City's RWMP. Preparation of the RWMP Update is ongoing. Program EIR As part of the adoption of the RWMP Update, a Program Environmental Impact Report (PEIR) will need to be prepared, circulated, and certified to fulfill California Environmental Quality Act (CEQA) requirements. On June 12, 2006, staff issued a Request for Proposals (RFP) for the preparation of a PEIR to seven environmental consultant firms. Of the seven firms, four submitted proposals for review. Firm Fee Dudek and Associates $177,775 Environmental Science Associates $187,327 Chambers Group $190,450 RGP Planning and Development Services $233,380 Agenda Report • • September 5, 2006 Page 3 RECOMMENDATION: By motion, approve a Personal Services Agreement with Environmental Science Associates for a total of $187,327 for the preparation of Recycled Water Master Plan Update Program EIR. Respectfully sub tted Prepared by, J n . Elw Pet S a terim Public Works Director S nior Ci 'I n ineer Attachments: 1. Personal Services Agreement - ESA PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and ENVIRONMENTAL SCIENCE ASSOCIATES., (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to environmental consultant services for the Recycled Water Master Plan Update; 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 the Request for Proposal, dated June 12, 2006, Environmental Science Associates' proposal, dated July 2006, and Supplemental Letter, dated August 4, 2006, 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 no later than June 30, 2007. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall be for a lump sum of One Hundred Eighty-Seven Thousand Three Hundred Twenty-Seven Dollars ($187,327) as set forth in Exhibit "A", attached and incorporated herein by reference. 1 ATTACHMENT 3.2 Rate Schedule. The services shall be billed to the City as 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 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. Notwithstanding the payment terms outlined in Exhibit "A", 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. 2 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. Consultant shall complete the Scope of Services as set forth in the schedule included Request for Proposal, dated June 12, 2006, Environmental Science Associates' proposal, dated July 2006, and Supplemental Letter, dated August 4, 2006, incorporated herein by reference. 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. 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 3 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 12. Indemnity. Consultant agrees to protect, and hold harmless City, its elected and appointed officials and employees from any and all liabilities, expenses or damages of any nature, including reasonable attorneys' fees, for injury or death of any person or damage to property or interference with use of property resulting from errors and omissions committed by Consultant arising from the negligent acts of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 13. Insurance. Insurance required herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it 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. 13.1 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. 13.2 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; 4 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 13.3 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. 13.4 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 to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. 13.5 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. 13.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 13.7 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 14. 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. 5 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: Public Works Director To Consultant: Tom Barnes Environmental Science Associates 707 Wilshire Blvd. Los Angeles, CA 90017 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 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. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: David M. Swerdlin, Mayor CONSULTANT& By: . Environmental Science Associates Leslie Moulton, Vice President ATTEST: Margaret R. Monahan, City Clerk APPROVED S TO FORM: John R. haw, City Attorney 7 rp� { , .. • 707 Wilshire Boulevar• www.esasoacom L ji water suite 1450 Los Angeles,CA 90017 213.599.4300 pnane 213.599.4301 !ar July 10, 2006 Mr. Peter Salgado City of San Juan Capistrano Public Works Department 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Subject: FEE PROPOSAL Environmental Consultant Services for the Non-Domestic/Recycled Water Master Plan— Program EIR Dear Mr. Salgado: Environmental Science Associates is pleased to submit herein one copy of our fee proposal associated with our proposal for the preparation of a Program EIR for the City of San Juan Capistrano's Non-Domestic/Recycled Water Master Plan. As requested, we have submitted this fee proposal in a separate, sealed envelope. Our fee proposal summarizes the key assumptions described in our proposal that form the basis of our effort and cost estimate. Please call me if you have any questions. We look forward to hearing from you. Thank you for your consideration. Sincerely, Leslie Moulton Tom Barnes Director, Water and Wastewater Services Senior Project Manager EXHIBIT A Attachment A Pricing Proposal - City of San Juan Capistrano ESA Non-Labor Expenses Reimbursable Costs Project Supplies $ 1,300 Printing/Reproduction $ 6,250 Document and Map Reproductions $ 2,800 Postage and Deliveries $ 1,475 Mileage $ 600 Vehicle Rental $ 80 • Lodging $ - Airfare $ 250 Other Travel Related $ _ Subtotal Reimbursable Costs $ 12,755 15%Fee on Reimbursable Expenses $ 1,913 Total Reimbursable Costs $ 14,668 ESA Equipment Usage Company Vehicle Usage $ - HP Plotter $ _ GIS Computer Time $ - • Trimble GeoXT GPS $ - Laptop Computers $ 50 LCD Projector $ 50 Noise Meter $ 50 Sample Pump $ - Surveying Kit $ _ Field Traps $ - Digital Planimeter $ - ! Cameras/Video/Cell Phone $ - Miscellaneous Small Equipment $ - Total Equipment Usage Costs $ 150 H'.G:\P206xxx\P206239 San Juan CapislranoMorking FileslCost-San Juan Capistrano-Expense-Summary Attachment A Pricing Proposal Template ESA Non-Labor Expenses by Task Task Number Reimbursable Costs Toiai mCuab. suMobl to ao 3.0 4.o so as l.o aREFI 00 00 0.0 o.c 0.c o.o ou as 0, 0.0 0.0 00 Proect Supplies $ 1495 $ 195 $ 1,300 200 1ao Pnntin IRe rotluction $ ],188 $ 938 $ 6,250 roo voo 700 2500 1 Soo 100 so Document and map Re mductions $ 3,220 $ 420 $ 2,800 m0 300 sm 1000 500 Postage and Delivenes $ 1.696 $ 221 $ 1.475 200 zoo zoo 500 200 50 2s Mileage $ 690 $ 90 $ 600 200 200 200 Vebkle Rental $ 92 $ 12 $ 80 ea L0tl in $ $ $ Airfare $ 288 S 38 $ 250 250 Other T2,Nl Related $ $ - $ _ $ $ $ $ $ $ $ $ $ $ 3 $ $ $ $ $ $ $ Total Reimbursable Costs S 14668 $ 1,913 $12,155 2,130 =�M �, , 150 l5 ISI E$ Com aa cask Number Usa a rural is 3a 3.o a.o 54 e.o io #REFI. 0.0 0.0 0.0 0.0 0.0 O.b o.o o.o o.o o.o o.o 0.0 Con VehiVehi cle Usa e $ HP Plotter $ GIS Computer Time $ Trimble Ge0xT GPS $ La2tOR Com uters $ 50 0 LCD Pro 0r $ 50 Meters0 Noise Meter $ 50 Sam le Pm $ u 50 Surve nq Kit $ Field Tra s $ Di ital Planimeter $ _ CamerasNldeolCell Phone $ Miscellaneous Small Equipment $ $ $ $ Total Equipment Usa a Costs S 150 50 100 - - H G%P2M6 P2W239 San Juen CeplsranolWolkma FIe,JC-t-sen Juan Cap,J,an,E,,,nse.Tesk Detail Attachment B Cost Proposal Template Subconsultant Detail Subconsultant Costs Subtotal Total VisionScape Eddie Font Applied Earthworks Subconsul[ant3 Subconsullant4 Subconsultant5 Subconsultant Faa@ Subconsultant Task Number/Description Eddie Fant Sany Price (name) (name) (name) Co i 15% Project Cost Bud et By Task 10 Technical Studies/Reports $ $ $ 2.o Prepare NOP $ $ 3.0 Prepare Screencheck Draft PEIR $ 12,800 $ 10.500 $ 23,300 $ 3,495 $ 26,795.00 Prepare Second Screencheckl Public 4.o Draft PEIR $ $ 5.0 Prepare Final PEIR $ $$ $ 6.0 MMRP $ 0 0 Pro $ $ ect Management $ $ $ 00 $ $ $ 00 $ $ #REF! $$ $ $ #REF! $ #REF! $ $$ $ $ PREF! $ $ $ no $$ A 0.0 $ $ $ 00 $ $ o.0 $ $ $ 0.0 LEEE 0000 $ $ 0.0 $ $ $ • 00 $ $ $ 0.0 $ $ 0.0 $ $ $ Subconsultant Total $ 12,800 $ 10,500 111 $ - $ - $ - $ 23,300 $ 3,495 $ 26,795 III H:G IP206xxx1P206239 San Juan capislranoworking Files\Cast-San Juan Capistrano-Subconsultant Detail Environmental Science Associates Pricing Proposal -City of San Juan Capistrano ESA Labor Detail and Expense Summary Consulting Staff Hours Adminlsb'affve Staff Hours L.Moulton T.Barnes I L.Nunes Total Total Task Number l Description Sr.Director Sr.PM Tech.Assoc2 Tech.Assocl SrAssoc2 SrAssocl Aasoc3 Subtotal GrphA Admin Subtotal Hours Labor Price Hourl Billin Rate $ 180 $ 150 $ 150 $ 135 $ 120 $ 110 $ 95 $ 75 $ 75 1.0 Technical Studies I Reports 1 8 40 40 20 $ 15,180 1 2 $ ! 150 111 $ 15,330 2.0 Prepare NOP 2 24 4 8 40 $ 10,440 8 1 4 $ 900 90 $ 11,340 3.0 Prepare Screencheck Draft PER 8 80 40 40 160 60 40 $ 54,440 60 16 $ 5.700 504 $ 60,140 Prepare Second Screencheck I Public Draft 4.0 PEIR 4 24 4 4 80 20 $ 17,260 20 16 $ .2,700 172 $ 19,960 5.0 Prepare Final PER 4 40 100 24 $ 21.360 16 8 $ 11,800 192 $ 23,160 6.0 MMRPIFindin s 4 8 24 10 $ 5,900 $ 46 $ 5,90 7.0 Project Management 2 16 24 $ 5,640 $ 42 $ 5,640 Total $ 130,220 $ X1,250 - 1 $ 141,470 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total Hours 25 200 88 92 562 114 40 104 46 1,157 Subtotals-Labor Hours $ 4,500 $30.000 $ 13.200 1 $ 12,420 1 $ 67,440 1 $12,540 $ 3,800 $ 130.220 $ 7,800 1 $ 3,450 $ $ 141,470 Percentof Effort-Labor Hours Only 229/617.3% 100.0% Percent of Effort-Total Proect Cost 2.4%1 16.0% 7.0%1 6.6%1 36.0%1 6.7%1 2.0%1 1 4.2%1 1.8% 75.5% ESA Labor Costs $ 141,470 Communications Fee of 3%on ESA Labor Costs $ 4,244 ESA Non-Labor Expenses Reimbursable Expenses(see Attachment A for detail) $ 14,668 ESA Equipment usage(see Attachment A for detail) $ 150• Subtotal ESA Non-Labor Expenses $ 14,818 Subconsultant Costs(see Attachment B for detail) $ 26,795 TOTAL PROJECT PRICE $ 187,327 i HG:\P206xxx\P206239 San Juan Capistrano\Working Files\Cast-San Juan Capistrano-ESA Labor 8 Expense 32400 PASEO ADEL.ANTO v �� ® MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 / (949)493-1171 /,(� SAM ALLEVATo (949)4931053 FAX • }Y 10(o APaeltfl DIANE SATHGATE fstelun0 ' 1961 WYATT HART www.sanjuancapistrano.org 1776 JOESOTO • • DAVID M.SWERDLIN TRANSMITTAL TO: Tom Barnes Environmental Science Associates 707 Wilshire Blvd. Los Angeles, CA 90017 DATE: October 20, 2006 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 RE: Amendment - Environmental Consultant Services for the Recycled Water Master Plan Update 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 Peter Salgado, Senior Civil Engineer (949) 443-6366. An original, executed agreement is enclosed for your records. Cc: Peter Salgado, Senior Civil Engineer John Elwell, Interim Engineering & Building Director San Juan Capistrano: Preserving the Past to Enhance the Future Printed--100%Recycled Paper 32400 PASEO ADELANTO �� MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 � � SAM ALLEVATO (949)493-1171 In[aAR0ARIIR DIANE BATHGATE (949)493-1053 FAX BTRRIISRIR 1961 VJ1'ATT HART www.sanjuancapistrano.org 1776 JOE SOTO DAVID M.SWERDLIN September 13, 2006 Tom Barnes Environmental Science Associates 707 Wilshire Blvd. Los Angeles, CA 90017 Dear Mr. Causey: A Personal Services Agreement related to classification, compensation and organizational study is in the process of being executed. It will be issued upon receipt of required documentation related to contract terms under Section 13. Insurance. Although we have received a certificate of insurance, the following documentation is required: ♦ Endorsement Form naming the City as additional insured. Insurance evidence may be faxed to (949) 493-1053 — ATTENTION CITY CLERK -- followed by original signed documents. I have enclosed a copy of the agreement terms for your reference in supplying this documentation. If you have questions specific to the contact, please contact the project manager, Peter Salgado, Senior Civil Engineer (949) 443-6366. Please call Maria Guevara, Deputy City Clerk (949) 443-63 if you have questions regarding the forms of insurance needed. h a v ra Deputy C t Clerk cc: Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future !0 Printed on 100%Recycled Paper �&W* 32400 PASEO ADELANTO J MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 SAM ALLEVATO (949)493-1171 m[oevoeUla DIANE BATHGATE (949)493-1053 FAX Islneuswto 1861 wvArr HART www.sanjuancapi,vtrano.org 1776 JOE SOTO • • DAVID M.SWERDLIN NOTIFICATION OF MEE POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 7:00 p.m. on September 5, 2006 in the City Council Chamber in City Hall, to consider: "Consideration of a Personal Services Agreement for the Recycled water Master Plan Update Program Environmental Impact Report (Environmental Science Associates) (CIP# 792)' — Item No. D12. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Tuesday, September 5, 2006 to allow time for the Council to consider its content. If you would like to speak at the meeting, please complete a yellow "Request to Speak" form found inside the entrance to the Council Chamber. This form is turned in at the staff table, just in front of the Council dais. You will be called to speak by the Mayor when the item is considered. You have received this notice at the request of the City staff member Peter Salgado, Senior Civil Engineer. You may contact that staff member at (949) 443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.san'uancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: council-agendasna-sanivancaoistrano.org. Meg Monahan, CMC City Clerk cc: Environmental Science Associates; John W. Elwell, Interim Public Works Director; Peter Salgado, Senior Civil Engineer * Received staff report San Juan Capistrano: Preserving the Past to Enhance the Future Com!printed on 100%Recycled Paper 32400 PASEO ADELANTO � � MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 i SAM ALLEVATO (949)493-1171 m[U"AAAIIA DIANE SATHGATE (949)493-1053 FAX FSTAILISHID I96I WYATT RT www.sanjuancapistrano.org 1776 ESOTO • • DAVID M.SWERDLIN �e September 6, 2006 NOTIFICATION OF ACTION BY THE CITY COUNCIL OF SAN JUAN CAPISTRANO On September 5, 2006 the City Council of San Juan Capistrano met regarding: "Consideration of a Personal Services Agreement for the Recycled water Master Plan Update Program Environmental Impact Report (Environmental Science Associates) (CIP# 792)" Item No. D12. The following action was taken at the meeting: Personal Services Agreement with Environmental Science Associates for the Preparation of the Recycled Water Master Plan Update Program Environmental Impact Report, in the amount of $187,327, approved. The following documents are in the process of being executed: n/a If you have any questions regarding this action, please contact Peter Salgado, Senior Civil Engineer at 443-6366 for more detailed information. Thank you, Meg Monahan, CMC City Clerk Cc: Environmental Science Associates; John W. Elwell, Interim Public Works Director; Peter Salgado, Senior Civil Engineer San Juan Capistrano: Preserving the Past to Enhance the Future ��Printed on 100%Recycled Paper 32400PAS90ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 //i IL�7! (949)493-1171 iy DAM ALLEVADIANE BATHGATE (949)493'1053 FAX • f:�1 11 m(011aletfB FS1AltlSetl 1 X46+ WYATT HART www.sanjuancapistrano.org 1776 JOE SOTO DAVID M.SWERDLIN TRANSMITTAL TO: Tom Barnes Environmental Science Associates 707 Wilshire Blvd. Los Angeles, CA 90017 DATE: September 19, 2006 FROM: Christy Swanson, Secretary to the City Clerk (949) 443-6310 RE: Consultant Services for the Recycled Water MasterPlan Update Thank you for forwarding 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) 443-6310. If you have questions concerning the agreement, please contact the project manager, Peter Salgado, Senior Civil Engineer at (949) 443-6366. An original, executed agreement is enclosed for your records. Cc: Peter Salgado, Senior Civil Engineer John Elwelf,` Interim Public Works Director San Juan Capistrano: Preserving the Past to Enhance the Future Printed on 100%Recycled Paper