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06-0603_KEETON KREITZER CONSULTING_Action ReminderCITY CLERK'S DEPARTMENT - ACTION REMINDER TO: William Ramsey, AICP, Principal Planner FROM: Christy Swanson, Secretary DATE: June 1, 2008 SITUATION: 'F\'QS r U 0qi ok On July 3, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Keeton Kreitzer Consulting to provide consulting services to prepare an initial study and Mitigated Negative Declaration and a Preliminary Environmental Site Assessment for CIP 122, Del Obispo Bridge Widening and Circulation Improvements. ACTION REQUESTED: Said Agreement states services shall be completed by June 30, 2007. On June 7, 2007, said agreement extended to June 30, 2000 Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Ito I "'FOR CITY CLERK'S DEPARTMENT USE ONLY"" Tickler Date: 06/01/07 06/01/08 Deadline Date: 06/30/07 06/30108 (600.30/keeton) AMENDATORY AGREEMENT This Amendatory Agreement is made this 2? day of June, 2007, by and between the City of San Juan Capistrano, hereinafter referred to as "CITY' and Keeton Kreitzer Consulting, hereinafter referred to as "CONSULTANT'. Whereas, CITY and CONSULTANT entered into an agreement dated July 3, 2006. To retain services of Consultant regarding the City's proposal to prepare a Initial Study and Mitigated Negative Declaration pursuant to National Environmental Policy Act (NEPA), for Capital Improvement Project 122, Del Obispo Bridge Widening and Circulation Improvements. Whereas, CITY and CONSULTANT has not yet completed the services, and the CITY and CONSULTANT hereby desire to extend the term of the agreement to June 30, 2008. NOW, THEREFORE BE IT RESOLVED between CITY and CONSULTANT as follows: Section 1. Section 2. (Term) is hereby amended to read as follows: "This agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2008." Section 2. All other terms and conditions of said agreements shall remain in full force and effect. APPROVE A� TO FORM: John R. 4hi5w, City Attorney CITY OF SAN JUAN CAPISTRANO By: T oa*w , Dave Adams, City Manager KEETON KREITZER CONSULTING In A9 0 32400 PASEO ADEIANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAX www san/uawapestrano. org TRANSMITTAL TO: Keeton Kreitzer Keeton Kreitzer Consulting 17291 Irvine Blvd., Suite 305 Tustin, CA 92780 DATE: June 27, 2007 i 1A[ARPRRAI[A �IsremnII 1961 1776 FROM: Maria Morris, Deputy City Clerk (949) 443-6309 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO THOMAS W. HRIBAR MARK NIELSEN JOE SOTO DR. LONDRES USO RE: Amendatory Agreement — Del Obispo Bridge Widening & Circulation Improvements Thank you for maintaining documentation confirming compliance with the terms of the agreement related to insurance. Please keep in mind this documentation must remain current with our office during the term of this agreement. If you have questions related to insurance requirements, please call me at (949)443-6309. If you have questions concerning the agreement, please contact William Ramsey, Principal Planner (949) 443-6334. An original amendatory agreement is enclosed for your records. Cc: William Ramsey, Principal Planner San Juan Capistrano: Preserving the Pat to Enhance the Future 0 Pnntetl on 100%1ecycletl paper PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3665-y of July, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Keeton Kreitzer Consulting (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to Prepare an Initial Study and Mitigated Negative Declaration pursuant to the California Environmental Quality Act, and a Preliminary Environmental Site Assessment pursuant to National Environmental Policy Act (NEPA), for Capital Improvement Project 122, Del Obispo Bridge Widening and Circulation Improvements; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit'A," attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2007, provided CITY and the project applicant provide timely information and responses to draft work in a timely manner. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed forty-eight thousand, four -hundred and twenty-five dollars and no cents ($48,425.00), as set forth in Exhibit "B," attached hereto and incorporated herein by reference. S® 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 2 of 7 July 2006 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 underthis 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 furtherwork underthis Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 3 of 7 July 2006 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. Indemnity. Consultant shall indemnify, hold harmless, and defend the City, its Council, officers, agents and employees from and against any and all claims and losses, costs or expenses, including but not limited to any damage due to death or injury to any person and/or injury or damage to any property resulting from any act or omission of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fees. Notwithstanding any other provision of this section 13, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless, but not defend City, its Council, officers, agents and employees from and against any damage, liability, loss, cost or expense, which arise out of claim, court action, or administrative proceeding challenging City approval of the project for which Consultant is preparing the environmental documents, if it is determined by a court action having jurisdiction that Consultant or any of its agents, employees, or subcontractors negligently performed its services under this agreement. Consultant's obligation to indemnify the City shall include reasonable attorney fees and costs. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A -Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; CIP 122, Del Obispo Bridge Widening Personal Services Agreement 4 of 7 July 2006 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/anyone occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall not be required to maintain Errors and Omissions Coverage. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until afterthirty (30) days' written notice is given to City, exceptthat ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 5 of 7 July 2006 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 and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano Attn: Director of Administrative Services 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Consultant: Keeton Kreitzer Consulting 17291 Irvine Boulevard, #305 Tustin, CA 92780 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 6 of 7 July 2006 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. APPROVED AS TO RM: John R. Shaw GWAttorney CITY OF SAN JUAN CAPISTRANO By: .� David M. Swe lin, ayor Keeton Kreitzer Consulting in Keeton Kreitzer, Principal Exhibits: Exhibit A, Scope of Work. Exhibit B, Payment for Services. Exhibit C, Rate Schedule. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 7 of 7 July 2006 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT SAN JUAN CAPISTRANO, CA SCOPE OF SERVICES WORK PROGRAM A work program has been developed to ensure that the environmental review process is carried out in accordance with the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the City of San Juan Capistrano adopted CEQA procedures, and Caltrans environmental analysis guidelines for the preparation of a Preliminary Environmental Assessment (PES). The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this proposal includes: (1) the provision of competent, effective environmental analysis, (2) project management; (3) incorporation of existing technical studies and analysis; (4) preparation of the environmental documentation (i.e., initial study/mitigated negative declaration), (6) processing of the environmental documentation and public participation, (6) preparation of the final environmental document, and (7) preparation of CEQA notices. These several objectives will be achieved through the completion of several work tasks. Each of these work tasks has been identified and described below. Task One - Proiect Initiation/Coordination KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the required environmental document (i.e., initial study and proposed Negative Declaration). Project coordination will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation Meeting as the first step in that process. That meeting will be held at the first available time after the contract has been awarded and executed. Participants in the meeting will include representatives of the City of San Juan Capistrano, KKC, and other technical consultants deemed necessary to provide direction in the planning and environmental review process for the proposed bridge widening project. Topics of discussion will include the definition of the project description, specific issues to be addressed, technical analysis required to evaluate the proposed project, identification of responsible agencies and sources of information, and the project schedule. Subsequent meetings will be required and conducted with resources agencies and technical specialists as the need may arise during the course of the project. Therefore, KKC will attend up to six (6) additional meetings with participants in the environmental review process for the proposed project. In addition, KKC will also serve as project manager and coordinate work efforts between the City of San Juan Capistrano Planning Department and Public Works Department staffs, subconsultants and resource agencies. In summary, this task will include the following sub -tasks Consultation and coordination of the proposed project and environmental document with the City of San Juan Capistrano to ensure that City policies as well as those of Caltrans are addressed by the Draft environmental document, Assurance that the Draft environmental document meets the requirements of CEQA, the State CEQA Guidelines, NEPA, the City's CEQA procedures, and Caltrans; and Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 10 9 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Coordination with City staff and project technical consultants and attendance at up to seven (7) meetings. Estimated Time Frame: As Required Estimated Budget. $5,520.00 Task Two - Sub -Consultant Studies In order to evaluate the potential environmental impacts associated with activities necessary to implement the Del Obispo Street Bridge Widening project, It will be necessary to prepare several technical studies, including an acoustical analysis, an air quality assessment, hydrology/hydraulic analysis, traffic analysis, and a variety of biological assessments. Several of these technical studies will be undertaken and prepared by the project engineer (i.e., traffic analysis, hydrology/hydraulic analysis) and by specialized consultants under contract to the City of San Juan Capistrano (i.e., biological resources assessments and preliminary geotechnical/soils reports). Therefore, this task includes the preparation of three technical studies: (1) a cultural, historic, and scientific resources assessments/records surveys; (2) air quality assessment; and (3) acoustical analysis. Archaeological Resources Management Consultants (ARMC) will undertake a cultural resources survey for potential archaeological and historical resources pursuant to City Council Policy 601. The survey, which will address cultural and historic resources that may be affected within the Area of Potential Effect (APE), will also include a records search through the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. The findings of the records search and cultural resources survey will be presented in a report and summarized in the Cultural Resources section of the Draft EIR along with recommended mitigation measures as appropriate. In addition the historic assessment will address Section 106 of the National Historic Preservation Act (NHPA) as determined necessary by Caltrans. In order to address City Council Policy 601, KKC also proposes to include the results of a paleontological records search that will be conducted through the Los Angeles County Museum of Natural History, the regional clearinghouse for those resources. Although it is not anticipated that paleontological resources will be uncovered in the project area due to its location within the Trabuco Creek flood plain, a paleontological resources field survey will also be undertaken by ARMC. ARMC will contact the Museum of Natural History and other archives and request a records search to determine if paleontological sites have been recorded within the limits of the Del Obispo Street Bridge project area or in the environs. In addition, ARMC will conduct a survey of the affected area. The results and recommendations of the records search and field survey will be documented and presented in the initial study. If it is determined that paleontological resources would be affected as a result of project implementation, mitigation measures will be identified. In addition to the Cultural and Scientific Resources surveys identified above that will be prepared under contract to KKC, other studies will also be required In order to adequately analyze the potential Impacts anticipated from the implementation of the proposed bridge widening project. The firm of Giroux & Associates will conduct two technical studies. An acoustical analysis, which assesses construction - related noise impacts on the surrounding development based on the types of equipment and duration of the construction phase. In addition, the changes in traffic on the affected arterial system anticipated to occur as a result of the proposed improvements will also be evaluated to determine the nature and extent of any changes in mobile -source noise that result from project implementation. In addition, an air quality analysis, which quantifies the construction -related impacts as well as post -construction air quality impacts associated with changes in traffic volumes will also be evaluated. Proposal for Environmental Consulting Services Del Obispo Street Bndge Widening Project- San Juan Capistrano June 5, 2006 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT As indicated above, several of the studies will be prepared by the project engineer (i.e., traffic analysis and hydrology/hydraulic analysis) and/or will be provided by the City of San Juan Capistrano (i.e., preliminary soils/geotechnical assessment, biological resource assessments). Applicable components of these reports will also be appended to the Draft EIR. Although KKC will be responsible for coordinating with the technical specialists and the City of San Juan Capistrano, the technical studies will be prepared under contract with the City. These technical studies are identified below. Preliminary Geotechnical Assessment/Soils Report Traffic Analysis Wetland Delineation/Impact Assessment Biological Resources Assessment Aquatic Survey Hydrology/Hydraulic Analysis WQMP/SWPPP Estimated Time Frame: Four Weeks Estimated Budget: $ 15,160.00 Task Three - Initial Study/Mitigated Negative Declaration (IS/MND) KKC will be responsible for the preparation of the initial study for the proposed improvements to the Del Obispo Street Bridge over Trabuco Creek. Based on a review of the State CEQA Guidelines, the proposed project is neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA review. The initial study must necessarily be extensive and thorough and will allow the City to determine whether the project qualifies for a Mitigated Negative Declaration (MND) or requires preparation of an Environmental Impact Report (EIR). Each of the topics identified on the City's environmental checklist form will be analyzed to document the nature and extent of any potential environmental consequences (and the need for mitigation). The specific purpose of the analysis will be to document any adverse environmental impacts associated with the proposed bridge improvements and reduce all potentially significant impacts to a level of insignificance through the identification of appropriate and effective mitigation measures. Where potential significant environmental effects are identified, appropriate mitigation measures will be prescribed to ensure that the impacts can be reduced to a less than significant level. Based on the scope and nature of the proposed project, it is anticipated that any potentially significant environmental impacts that would be anticipated can be mitigated. If so, the project would qualify for the preparation of a mitigated negative declaration. However, no decision on the environmental determination has been made at this time. As reflected above and in the work program, KKC has presented a scope of work for the preparation of an Initial Study/Mitigated Negative Declaration (IS/MND). However, should the Initial Study process identify any impacts that cannot be mitigated to a level of insignificance, KKC and the City would need to negotiate a contract amendment to provide for preparation of an Environmental Impact Report (EIR). The IS/MND will include the elements prescribed in the scope of work requirements identified by the City, including: (1) Project Description; (2) Surrounding Land Use and Project Setting, (3) List of Responsible Agencies, (4) Discussion of Environmental Evaluation; (5) Process Documentation; and (6) References. It is important to note that environmental analysis identified above will address each of the environmental issues listed on the City's Environmental Checklist. Once completed, five (5) copies of the proposed Proposal /or Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 0 9 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT IS/MND will be submitted to the City of San Juan Capistrano for review and comment. KKC will revise the initial study based on the comments made by City staff and prepare the Draft IS/MND. Ten (10) copies of the Environmental Administrator Draft Initial Study/Mitigated Negative Declaration will be prepared and submitted to the City, and twenty (20) copies of the Public Hearing Draft IS/MND will be printed and submitted to the City of San Juan Capistrano. Once completed and approved by the City for public noticing, the Draft document will be distributed for a 30 -day public review and comment period as required by the State CEQA Guidelines for local project. KKC will be responsible for distributing the document to the list of recipients developed in concert with the City of San Juan Capistrano. These documents will be delivered to each of the recipients via certified mail (return receipt requested). KKC will be also be responsible for posting the Notice of Intent to Adopt a Negative Declaration with the Orange County Clerk -Recorder. The City will provide a mailing list to KKC who will mail the Notice of Intent to Adopt a Mitigated Negative Declaration to affected property owners within 500 feet of the project. Estimated Time Frame: Eight Weeks (Including four weeks in Task Two) Estimated Budget. $14,080.00 Task Four - Preparation of the Final Negative Declaration The Final IS/MND will include all written comments received on the document during the public comments period as well as the responses prepared in accordance with CEQA requirements. KKC will prepare written responses to all comments received during the public review and comment period. These responses will be submitted to the City of San Juan Capistrano for review prior to completion of the Final Negative Declaration. It is important to note that the budget identified below reflects a limited amount of public comments. This budget may be revised if, after a thorough review of all comments received on the Draft Mitigated Negative Declaration, it is determined that it is inadequate to respond to all of the comments received on that document. Five (5) copies of the Final IS/MND will be submitted to the City of San Juan Capistrano. Estimated Time Frame One Week Estimated Budget: $ 2,520.00 Task Five - Public Hearings As indicated in the City's RFP, KKC will attend two (2) public hearings, including one (1) before the San Juan Capistrano Planning Commission and one (1) before the City Council. In addition, this task will also include attendance at one (1) hearing before the City's Environmental Administrator. The Principal/Project Manager will attend the public hearing and will be responsible for making all presentations and responding to questions raised during the public hearing. Should additional hearings be required, they will be charged at the appropriate hourly rate. Estimated Time Frame: As Required Estimated Budget: $ 1,840.00 Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project - San Juan Capistrano June 5, 2006 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Task Six - Legal Notices KKC will be responsible for preparing both the requisite legal notice for the public advertisement, the Notice of Intent to Prepare a Negative Declaration, Notice of Completion that is filed with the State Clearinghouse, and the Notice of Determination that must be filed with the Orange County Clerk/Recorder. Once completed, these forms will be submitted to the City for review and endorsement. The Notice of Determination must be filed with the Orange County Clerk -Recorder within five (5) days of City approval of the proposed project. KKC will be responsible for posting the Notice of Intent and the Notice of Determination with the Clerk -Recorder. It is important to understand that neither the Notice of Determination nor Department of Fish and Game filing fees are included in the budget. Any such fees will be the responsibility of the City of San Juan Capistrano. Estimated Time Frame: As Required Estimated Budget: $ 1,280.00 Task Seven — Preliminary Environmental Study (PES) When a local agency desires federal funding for preparing environmental studies and preliminary engineering, the local agency submits a "Request for Authorization" form to the District Local Assistance Engineer (DLAE). The local agency may not proceed with reimbursable activities prior to the project's inclusion in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) and receipt of "Authorization to Proceed" notification from Caltrans. The first step in the environmental process for local agency federal -aid transportation projects "OFF" the State Highway System (SHS) is a preliminary environmental investigation and completion of the PES Form. Because the project will be funded in part by the Federal Highway Administration, Caltrans, which administers the funding program, requires the preparation of a Preliminary Environmental Study. This task encompasses the research and analysis necessary to prepare the PES. The purpose of the PES is to determine the potential presence of sensitive environmental resources within the project area. The PES process consists of two parts: (1) a four -step Preliminary Environmental Investigation process, and (2) completion of the PES Form. The Preliminary Environmental Investigation (i.e., Step 1) consists of: The development of a complete Project Description (which addresses independent utility and logical termini), existing and proposed cross sections, and project maps. A review of relevant literature, amps and inventories. A request for technical information from resources and regulatory agencies. Verification of research findings In the field (i.e., site visit) and Field Review with Caltrans staff, if appropriate. When preliminary environmental investigations indicate a potential for sensitive resources within the project area, the local agency is responsible for undertaking the appropriate technical study to confirm the presence of the resource and determine the potential significant effect(s) of the project on the resource. To this end, the analysis undertaken to document the potential environmental effects will utilize the findings presented in the several technical studies undertaken in Task 2, which were identified to be necessary in order to adequately evaluate the environmental consequences anticipated as a result of project implementation and documented in the Initial Study/Mitigated Negative Declaration prepared to Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 5 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT complete the CEQA process. If it is determined that a Categorical Exclusion (CE) determination is made (i.e , no further NEPA-related environmental analysis is required), KKC will prepare and submit the CE to Caltrans. It is important to note that this task does not include the preparation of an Environmental Assessment (EA) or other environmental document prescribed by the National Environmental Policy Act (NEPA). Should it be determined that an EA or EIS is required, a revised scope of work and budget will be prepared and submitted to the City for approval. Estimated Time Frame: Two Weeks Estimated Budget: $5,400.00 II. PROJECT SCHEDULE A project schedule has been developed and presented below that reflects the time frames that will be necessary to undertake and complete the services outlined in this proposal. Project Schedule Del Obispo Street Bridge Widening Project San Juan Capistrano, CA Task Description Estimated Time 1 Project Initiation/CoordinationAs Re wired 2 Sub Consultant Studies 4 Weeks 3a Initial Study/Negative Declaration 8 Weeks 3b City Review 2 Weeks 3c Revisions to the Draft IS/MND 1 Week Public Review and Comment 4 Weeks 4 Final Mitigated Negative Declaration 1 Week 5 Public Hearings As Re wired 6 Filing of Legal Notices As Required 7 Preliminary Environmental Stud PES 2 Weeks 'Several technical studies will be prepared under contract to the City of San Juan Capistrano and may not be completed within the 4 -week schedule. If the completion of those studies (e.g., traffic, hydrology/hydraulics, etc.) exceeds the 4 - week schedule identified above, the preparation of the IS/MND would exceed the 8 -weeks identified in Task 3a. In that event, a new project schedule would be prepared and submitted to the City of San Juan Capistrano, 111. ESTIMATED BUDGET The scope of services and work described in Section I will be undertaken and completed for a not -to - exceed fee of $48,425.00. This fee includes meetings and coordination, preparation of the environmental analysis contained in the initial study, filing of necessary CEQA notices and printing, attendance at public hearings, and reproduction associated with the Initial Study/ Negative Declaration. A budget summary is presented below. Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 6 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Budget Summary Del Obispo Street Bridge Widening Project San Juan Capistrano, CA .Title I Man -Hours I Billing Rate Estimated Budget Task One - Project Initiation/Coordination Manager 1 48 1 $115.00/Hour $ 5,520.00 -Project Task Two - Sub -Consultant Studies Acoustical Analysis $ 3,500.00 Air Quality Assessment $ 2,500.00 Cultural Resources $ 7,540.00 Paleontological Resources $ 1,620.00 Traffic and Circulation To Be Provided Drainage/Hydrology/Water Quality To Be Provided Preliminary Soils/Geology To Be Provided Aquatic Surveys To Be Provided Biological Resource Survey To Be Provided Wetlands Delineation/Impacts To Be Provided Sub -Total $15,160.00 Task Three - Screencheck Draft EIR Principal/Project Manager 32 $115.00/Hour $ 3,680.00 Environmental Planner 96 $ 80.00/Hour $ 7,680.00 Graphics 24 $ 60.00/Hour $ 1,440.00 Word Processing/Administration 32 $ 40.00/Hour $ 1,280.00 Sub -Total 184 $14,080.00 Task Four - Final Ne ativa Declaration Principal/Project Manager 8 $115.00/Hour $ 920.00 Environmental Planner 20 $ 80.00/Hour $ 1,600.00 Sub -Total 28 $ 2,520.00 Task Five - Public Hearin s Principal 16 $115.00/Hour $ 1,840.00 Task Six - Le al Notices Environmental Planner I16 $ 80.00/Hour $ 1,280.00 Task Seven — Preliminary Environmental Stud Principal/Project Manager 8 $115.00/Hour $ 920.00 Environmental Planner 40 $ 80.00/Hour $ 3,200.00 Graphics 8 $ 60.00/Hour $ 480.00 Word Processing/Administration 20 $ 40.00/Hour $ 800.00 Sub -Total 76 $ 5,400.00 Sub -Total - Professional Fees 368 $45,800.00 Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Title Man -Hours I Billing Rate Estimated Budget Miscellaneous Postage $ 375.00 Printing and Reproduction' $ 2,250.00 Sub -Total $ 2,625.00 TOTAL ESTIMATED FEE 368 $48,426.00 'Estimated budget for postage (certified/return receipt) and printing is based on 60 copies of the document. IV. BILLING AND PAYMENT All charges shall be in accordance with the Budget Summary presented in Section II of this proposal. Invoices, which clearly describe the specific services and tasks performed during the billing period, shall be submitted on a monthly basis to the City of San Juan Capistrano. Each invoice is due and payable within 30 days of receipt and shall be considered delinquent on the 31st day. V. PROJECT MANAGEMENT AND PERSONNEL Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 25 years of environmental planning experience and has served as project manager for several similar projects. He has been personally responsible for the preparation of over 100 environmental documents required pursuant to the California Environmental Quality Act and has also prepared environmental studies mandated under the National Environmental Policy Act. He has recently reestablished his own environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector clients with high level, personalized environmental consulting services, including the preparation of environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of several environmental documents, including those for the Newport Banning Ranch Local Coastal Program in the County of Orange, West Coyote Hills in the City of Fullerton, the Emery Ranch residential development plans in the Cities of La Mirada and Fullerton, and for the Central City Redevelopment Project Area In the City of Bell Gardens. Mr. Kreitzer s resume has been included with this scope of work. VI. STATEMENT OF QUALIFICATIONS Keeton Kreitzer Consulting is a small, individual owned environmental consulting firm in Irvine, CA. Keeton K. Kreitzer established the firm in March 1998. Prior to establishing Keeton Kreitzer Consulting, Mr Kreitzer was the owner and principal of Environmental Perspectives from 1984 to 1997 and served as an Associate with David Evans and Associates, Inc., for one year (March 1997 through March 1998) at which time he reentered the consulting arena as an independent consultant specializing in environmental planning and analysis. Mr. Kreitzer has conducted environmental analysis for a myriad of projects throughout southern California. A partial list and description of these projects is presented below. Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project— San Juan Capistrano June 5, 2006 11 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Santiago Creek Bridge Widening Project 1, Orange County, CA KKC prepared a mitigated negative declaration (MND) for the Santiago Canyon Road Bridge located in the rural Silverado Canyon area of Orange County, approximately 0.3 mile west of Silverado Canyon Road. The project encompassed the barrier replacement for the bridge, including the removal of approximately two feet of deck slab and existing metal railing on each side of the bridge, construction of a 3' 2" concrete deck extension (i.e., overhang) on both sides of the roadway, construction of a concrete barrier on top of the deck extension, and the addition of new intermediate diaphragms to the bridge. Significant issues included sensitive species/habitat in the vicinity of the project, noise, temporary traffic impacts, and related construction -related effects Santiago Creek Bridge Widening Project 11, Orange County, CA KKC prepared a MND for the Santiago Canyon Road Bridge located in the rural Trabuco Canyon area of Orange County, approximately 0.25 mile south of Modjeska Canyon Road. The project encompassed seismic retrofit/barrier replacement elements that included the retrofitting of the bridge substructure with steel column casing and concrete encasement of the bent footings, removal of the existing metal guard railing on each side of the bridge, extension of the bridge deck by 4 '/2 feet on both sides, construction of a concrete barrier on both sides of the bridge, and the placement of intermediate diaphragms to support the bridge extension. Significant issues included sensitive species/habitat in the vicinity of the project, noise, temporary traffic impacts, and related construction -related effects. Porto/a Hills Residential Conversion Draft EIR, Orange County, CA Mr. Kreitzer served as project manager for the preparation of the Draft EIR for the Portola Hills project that included a General Plan Amendment and Zone Change on property designed for a major business park and commercial center. The applicant requested a tentative tract map approval for over 600 dwelling units and a park on a 245 -acre property that was located within a Natural Communities Conservation Program sub -region. Significant issues analyzed in the Draft EIR included land use and relevant planning, population and housing, traffic and circulation, noise associated with EI Toro MCAS the provision of adequate public services and facilities, and biological resources. Marblehead - Coastal Local Coastal Program, San Clemente, CA The Marblehead - Coastal LCP was recently approved by the City of San Clemente (August 1998). The environmental analysis conducted for this last major coastal project in the City required extensive technical analysis in the areas of traffic and circulation, biological resources, hydrology and water quality and noise and air quality. The applicant proposed the development of approximately 60 acres of regional commercial along the 1-5 corridor. In addition, the majority of the remainder of the property included nearly 500 single-family residential dwelling units. Other land uses proposed for the site were a 10 -acre public park, a 2.5 -acre habitat preservation area, 1 -acre coastal serving commercial site, and public and private open space. The Draft EIR analyzed a full range of issues, including the consistency of the project with the City's Local Coastal Program. Mr. Kreitzer provided extensive coordination between the City, the applicant, the applicant's planner and several responsible agencies (i.e., California Department of Fish and Game, U.S. Fish and Wildlife Service„ etc.). Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5r 2006 9 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Newport Banning Local Coastal Program, Orange County, CA Keeton Kreitzer Consulting has been selected to prepare the Draft Program EIR for the Newport Banning LCP. This 412 -acre coastal project proposes the development of approximately 1,700 mixed residential dwelling units, a coastal inn, visitor -serving commercial, a potential school site, public and private open space, and wetlands restoration. Although the County of Orange is the "lead agency", a portion of the site is within the City of Newport Beach corporate limits and the City will play an important role in the planning and environmental review processes. Several technical studies must be completed in order to adequately evaluate this significant project in the County and City of Newport Beach. These studies Include soils and geology, traffic and circulation, noise, air quality, biological resources, cultural and scientific resources, and aesthetics. Mr. Kreitzer will be responsible for complete project management and preparation of the Draft Program EIR that will be considered by both the County of Orange and City prior to each agency taking action on the project, VII. RESPONSIBILITY OF THE CITY OF SAN JUAN CAPISTRANO The City of San Juan Capistrano and/or Project Engineer (Willdan) shall provide the following information to KKC in order to complete the analysis described in this proposal. 1. A complete description of the proposed improvements to the Del Obispo Street Bridge widening project. 2. Exhibits illustrating the existing site and proposed improvements. 3. Engineering Plans and Specifications, including cross-sections (as determined necessary by the City of San Juan Capistrano). 4. Any previous environmental documents prepared for the proposed project, or in the vicinity of the proposed project, including but not limited to: Phase I and It Assessments, hydrology and water quality assessments, soils and geology, biological assessment, cultural/scientific resource surveys, etc. 5. All technical studies identified in Task Two (Subconsultant Studies) of this scope of work, including: (1) Preliminary Soils/Geology Report, (2) Hydrology/Hydraulic Analysis, (3) Biological Resource Assessment; (4) Aquatic Surveys; (5) Traffic Analysis; and (6) Wetlands Delineation/Impact Analysis. 6. Existing topographic map. 7. Aerial photograph (if available). 8 All other pertinent information related to the proposed project. Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project— San Juan Capistrano June 5, 2006 10 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT VIII. STATEMENT OF OFFER/TERMS OF AGREEMENT KKC is prepared to begin work on this project immediately upon execution of the contract. You may be assured that should we be selected to provide the environmental services described in this proposal, we shall devote our full resources to the project and will approach it with the highest degree of enthusiasm, objectivity, and professionalism. KKC will perform all work described in this proposal for a budget of $48,425.00. This offer is valid for a period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions made on the scope of the project. Should the scope change significantly, necessitating a change to the work program, we will contact you immediately and amend both the scope of services and budget accordingly. Offer Presented By: Keeton K. Kreitzer, Principal KEETON KREITZER CONSULTING Date: June 5, 2006 Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 11 0 0 EXHIBIT B, PAYMENT FOR SERVICES Del Obispo Bridge Widening, Initial Study Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed $48,425. This fee shall include all costs incurred by the CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses necessary to complete all work specified in the "Scope of Work" (Exhibit "A"). Section It. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT according to the following schedule and within thirty (30) days of the submission of invoices for authorized work completed by the consultant: Not more than ten percent (10%) monthly, up to a maximum of fifty percent (50%) cumulative of the total contract amount, shall be paid during preparation of the technical reports and the screencheck draft Initial Study. 2. Not more than seventy-five percent (75%) cumulative of the total contract amount shall be paid at submission of the screencheck draft Initial Study. 3. Not more than ninety percent (90%) cumulative of the total contract amount shall be paid at submission of the draft Initial Study and approval of the document by the Environmental Administrator. 4. One -hundred percent (100%) cumulative of the total contract amount shall be paid at issuance of an Negative Declaration (ND) or Mitigated Negative Declaration (MND) or determination that the project requires preparation of an environmental impact report. Contract Amount $48,425 Project Milestone Maximum Maximum Percentage Payment During preparation of the technical reports and the 50% $24,213 screencheck draft Initial Study. Submission of the screencheck draft Initial Study. 75% $36,319 Submission of the draft Initial Study, approval by the 90% $43,583 Environmental Administrator, and Issuance of the Notice of Intent to Adopt a Mitigated Negative Declaration. Approval of the Negative Declaration (ND) or Mitigated 100% $48,425 Negative Declaration (MND) or determination that the project requires preparation of an Environmental Impact Report (EIR). 0 0 Exhibit "C" Keeton Kreitzer Consulting Schedule of Fees (hourly rates) Meetings/Public Hearings Project Management/Coordination Report Preparation Research and Analysis Graphics Administration/Word Processing Printing and Reproduction Postage and Supplies Effective January 1, 2005 $115.00 $ 95.00 $ 80.00 $ 65.00 $ 55.00 $ 40.00 Cost + 10% Cost + 10% 0 0 • CITY CLERK'S DEPARTMENT -ACTION REMINDER �. KS T 1w V1 C �'s `5 �Ll TO: WJkWW ,. *1CP, iWPlanner FROM: Christy Swanson, Secretary DATE: June 1, 2007 SITUATION: On July 3, 2006, the City of San Juan Capistrano entered into a Personal Services Agreement with Keeton Kreitzer Consulting to provide consulting services to prepare an initial study and Mitigated Negative Declaration and a Preliminary Environmental Site Assessment for CIP 122, Del Obispo Bridge Widening and Circulation Improvements. 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: P6tfft1✓t6fjT- wtu, �i iJteo 7V Sung 3vl 2400 DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: Mpaf —'TUAjt 30, 2W7 SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: Tickler Date: 06101107 Deadline Date: 06130107 (600.301keeton) 0 ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** 1-1 32400 PASEO AOELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 EAX www.sanjuancapistrano.org July 6, 2006 Keeton Kreitzer Consulting 17291 Irvine Blvd., Suite 305 Tustin, CA 92780 Attention: Keeton Kreitzer Dear Mr. Keeton: e FSIAIIIN(p I 1961 1776 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO DIANE BATHGATE WYATT HART JOE SOTO DAVID M. SWERDLIN A fully executed Personal Services Agreement related to preparing an Initial Study and Mitigated Negative Declaration and a Preliminary Environmental Site Assessment for CIP No. 122, Del Obispo Bridge Widening and Circulation Improvements is enclosed for your records. Thank you for maintaining documentation confirming current compliance with the terms of insurance under your agreement with the city. Please keep in mind that should this documentation lapse, all work under this agreement must stop and all payments will be withheld until we receive proper evidence of insurance. You may proceed with work under this agreement in coordination with the project manager, William, Ramsey, Principal Planner (949) 443-6334. cc: William Ramsey, Principal Planner Molly Bogh, Planning Director San Juan Capistrano: Preserving the Past to Enhance the Future ) Primed on 100% Recycled Paper 0 AGENDA REPORT TO: Dave Adams, City Manager &A FROM: Molly Bogh, Planning Director • 7/3/2006 SUBJECT: Consideration of a Personal Services Agreement for the Preparation of the Environmental Documentation for the Proposed Del Obispo Street Circulation Improvements and Bridge Widening between Alipaz Street and Los Rios Street/Adelanto Adelanto (Keeton Kreitzer Consulting)(Capital Improvement Project (CIP) No. 122) RECOMMENDATION By motion, approve a Personal Services Agreement with Keeton Kreitzer Consulting in the amount of $48,425 for preparation of Environmental Documentation for the Proposed Del Obispo Street Circulation Improvements and Bridge Widening project. SITUATION A. Summary and Recommendation The City is developing preliminary design plans for widening Del Obispo Street between Alipaz Street and Los Rios Street including widening the existing bridge over Trabuco Creek. The project requires review under the provisions of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). City staff solicited and received a proposal from Keeton Kreitzer Consulting (KKC) to prepare the required environmental documentation and to manage the environmental review process. Staff recommends approval of an agreement with Keeton Kreitzer Consulting in the amount of $48,425. B. Background On September 16, 2003, the City Council adopted the "2003-2010 Seven -Year Traffic Congestion Relief Capital Improvement Program." Del Obispo Street at the Trabuco Creek Bridge was identified as a "chokepoint" which limited traffic flow. The existing width of the bridge deck is not adequate to accommodate the road improvements necessary to provide the capacity which would alleviate current congestion. Consequently, the bridge widening was recommended for funding by the City's Traffic Congestion Relief Program (TCRP) report and was subsequently included as a funding priority in the CIP. Agenda Report • • July 3, 2006 ISSUES & ANALYSIS City Council Policy 112, entitled "Personal Services Selection Guidelines" establishes the City's policy on retaining consultants for performing contractual work for the City. The policy establishes an expedited selection process for environmental consultants and Keeton Kreitzer Consulting (KKC) has been designated by the City as a "pre- qualified environmental consulting firm." The expedited selection process allows the City to by-pass the typical 5-6 week consultant selection process in cases where the firm is uniquely qualified and time is of the essence. KKC is uniquely qualified to prepare the environmental documentation for the proposed Del Obispo Street Circulation Improvements and Bridge Widening project. The firm has over 25 years of environmental planning experience. Mr. Kreitzer, the managing principal, has been personally responsible for the preparation of over 100 environmental documents required pursuant to the California Environmental Quality Act and also has prepared environmental studies under the Federal National Environmental Policy Act (NEPA). He has prepared the environmental documentation for two road bridge widening projects on Santiago Canyon Road for the County of Orange and has also served as the project manager on the City's La Novia Bridge Widening project (presently inactive). Mr. Kreitzer has also demonstrated to City staff his ability to prepare well-written, technically sound, and legally defensible environmental documents with the project schedule and within the established budget. He has previously prepared CEQA documents on City projects including San Juan Meadows, Marbella Planned Community, and Pacific Point (Pacifica San Juan). Based on KKC's prior experience assessing bridge widening projects, overall extensive environmental experience, and experience in the City, the firm is eminently qualified to prepare the environmental documentation for the proposed project. KKC's proposed budget of $48,425 provides for all aspects of the environmental process including project management, preparing required technical studies (i.e. acoustical analysis, air quality assessment, cultural resources, and paleontological resources), preparing the draft and final Initial Study/Mitigated Negative Declaration (IS/MND), providing required legal notices, and attending public hearings. Because of the project setting, the proposed project could result in a number of potentially significant environmental impacts which must be evaluated. Staff has evaluated the scope of work and determined that proposed cost is appropriate and reasonable in relation to the environmental work that has been deemed necessary. COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS The proposed project will be subject to the City's public review process and public meetings before the Transportation Commission and Planning Commission. The project may also warrant review by the City's Parks, Recreation, & Equestrian Commission. Public meetings are anticipated to be conducted later this year. Agenda Report • • July 3, 2006 FINANCIAL CONSIDERATIONS The 2006-2007 Capital Improvement Program (CIP) allocates $1,616,650 which includes funding for preparation of the project environmental documentation and so, the project will not impact the City's operating budget. The 2007-2008 CIP allocates $4,883,350 for the proposed project resulting in total project funding of $6.5 million. The bulk of project funding is being provided through a Master Plan of Arterial Highways (MPAH) Grant from the Orange County Transportation Authority (OCTA) and the City's Capistrano Circulation Fee Program (CCFP). Some funding will be provided by Underground Utility District 05-02, and the City's Water Fund. NOTIFICATION The following parties received notification of this Council agenda item: Keeton Kreitzer, Keeton Kreitzer Consulting' 'Agenda Report Included RECOMMENDATION By motion, approve a Personal Services Agreement with Keeton Kreitzer Consulting in the amount of $48,425 for preparation of Environmental Documentation for the Proposed Del Obispo Street Circulation Improvements and Bridge Widening project. Respectfully submitted, Molly Bo Planning Director Prepared by, William Ramsey, AICP Principal Planner Attachment: 1. Professional Services Agreement with Keeton Kreitzer Consulting for Preparation of Environmental Documentation for the Del Obispo Street Bridge Widening project. 0 0 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made cfnd entered into this _ day of July, 2006, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Keeton Kreitzer Consulting (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant to Prepare an Initial Study and Mitigated Negative Declaration pursuant to the California Environmental Quality Act, and a Preliminary Environmental Site Assessment pursuant to National Environmental Policy Act (NEPA), for Capital Improvement Project 122, Del Obispo Bridge Widening and Circulation Improvements; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than June 30, 2007, provided CITY and the project applicant provide timely information and responses to draft work in a timely manner. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed forty-eight thousand, four -hundred and twenty-five dollars and no cents ($48,425.00), as set forth in Exhibit "B," attached hereto and incorporated herein by reference. ATTACHMENT 3.2 Rate Schedule. The services shall be billed to the City at the hourly rate set forth in Exhibit "C," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 2 of 7 July 2006 Section 6. Changes to Scope of Work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the proposed construction site, including the location of all utilities, and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereunder shall be subject to the direction and approval of the City. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 3 of 7 July 2006 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. Indemnity. Consultant shall indemnify, hold harmless, and defend the City, its Council, officers, agents and employees from and against any and all claims and losses, costs or expenses, including but not limited to any damage due to death or injury to any person and/or injury or damage to any property resulting from any act or omission of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such cost and expense shall include reasonable attorney fees. Notwithstanding any other provision of this section 13, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless, but not defend City, its Council, officers, agents and employees from and against any damage, liability, loss, cost or expense, which arise out of claim, court action, or administrative proceeding challenging City approval of the project for which Consultant is preparing the environmental documents, if it is determined by a court action having jurisdiction that Consultant or any of its agents, employees, or subcontractors negligently performed its services under this agreement. Consultant's obligation to indemnify the City shall include reasonable attorney fees and costs. Section 14. Insurance. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A -Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; CIP 122, Del Obispo Bridge Widening Personal Services Agreement 4 of 7 July 2006 0 0 $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies using ISO form CG 20 10 11 85 (in no event with an edition date later than 1990) to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall not be required to maintain Errors and Omissions Coverage. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be canceled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 5 of 7 July 2006 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 and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party In addition, this Agreement may be terminated for cause by providing ten (10) days notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano Attn: Director of Administrative Services 32400 Paseo Adelanto San Juan Capistrano, CA 92675 To Consultant: Keeton Kreitzer Consulting 17291 Irvine Boulevard, #305 Tustin, CA 92780 Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 6 of 7 July 2006 0 0 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS'). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO am David Swerdlin, Mayor Keeton Kreitzer Consulting Keeton Kreitzer, Principal ATTEST: Margaret Monahan, City Clerk APPROVED AS TO FORM: John R. Shaw, City Attorney Exhibits: Exhibit A, Scope of Work. Exhibit B, Payment for Services. Exhibit C, Rate Schedule. CIP 122, Del Obispo Bridge Widening Personal Services Agreement 7 of 7 July 2006 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OB/SPO STREET BRIDGE WIDENING PROJECT PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT SAN JUAN CAPISTRANO, CA SCOPE OF SERVICES WORK PROGRAM A work program has been developed to ensure that the environmental review process is carried out in accordance with the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the City of San Juan Capistrano adopted CEQA procedures, and Caltrans environmental analysis guidelines for the preparation of a Preliminary Environmental Assessment (PES). The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this proposal includes: (1) the provision of competent, effective environmental analysis; (2) project management, (3) incorporation of existing technical studies and analysis, (4) preparation of the environmental documentation (i.e., Initial study/mitigated negative declaration); (5) processing of the environmental documentation and public participation; (6) preparation of the final environmental document, and (7) preparation of CEQA notices. These several objectives will be achieved through the completion of several work tasks. Each of these work tasks has been identified and described below. Task One - Proiect Initiation/Coordination KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the required environmental document (i.e., initial study and proposed Negative Declaration). Project coordination will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation Meeting as the first step in that process. That meeting will be held at the first available time after the contract has been awarded and executed. Participants in the meeting will include representatives of the City of San Juan Capistrano, KKC, and other technical consultants deemed necessary to provide direction in the planning and environmental review process for the proposed bridge widening project. Topics of discussion will include the definition of the project description, specific issues to be addressed, technical analysis required to evaluate the proposed project, identification of responsible agencies and sources of information, and the project schedule. Subsequent meetings will be required and conducted with resources agencies and technical specialists as the need may arise during the course of the project. Therefore, KKC will attend up to six (6) additional meetings with participants in the environmental review process for the proposed project. In addition, KKC will also serve as project manager and coordinate work efforts between the City of San Juan Capistrano Planning Department and Public Works Department staffs, subconsultants and resource agencies. In summary, this task will include the following sub -tasks: Consultation and coordination of the proposed project and environmental document with the City of San Juan Capistrano to ensure that City policies as well as those of Caltrans are addressed by the Draft environmental document, Assurance that the Draft environmental document meets the requirements of CEQA, the State CEQA Guidelines, NEPA, the City's CEQA procedures, and Caltrans; and Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Coordination with City staff and project technical consultants and attendance at up to seven (7) meetings. Estimated Time Frame: As Required Estimated Budget: $5,520.00 Task Two - Sub -Consultant Studies in order to evaluate the potential environmental impacts associated with activities necessary to implement the Del Obispo Street Bridge Widening project, it will be necessary to prepare several technical studies, including an acoustical analysis, an air quality assessment, hydrology/hydraulic analysis, traffic analysis, and a variety of biological assessments. Several of these technical studies will be undertaken and prepared by the project engineer (i.e., traffic analysis, hydrology/hydraulic analysis) and by specialized consultants under contract to the City of San Juan Capistrano (i.e., biological resources assessments and preliminary geotechnical/soils reports). Therefore, this task includes the preparation of three technical studies: (1) a cultural, historic, and scientific resources assessments/records surveys, (2) air quality assessment, and (3) acoustical analysis. Archaeological Resources Management Consultants (ARMC) will undertake a cultural resources survey for potential archaeological and historical resources pursuant to City Council Policy 601. The survey, which will address cultural and historic resources that may be affected within the Area of Potential Effect (APE), will also include a records search through the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. The findings of the records search and cultural resources survey will be presented in a report and summarized in the Cultural Resources section of the Draft EIR along with recommended mitigation measures as appropriate. In addition the historic assessment will address Section 106 of the National Historic Preservation Act (NHPA) as determined necessary by Caltrans. In order to address City Council Policy 601, KKC also proposes to include the results of a paleontological records search that will be conducted through the Los Angeles County Museum of Natural History, the regional clearinghouse for those resources. Although it is not anticipated that paleontological resources will be uncovered in the project area due to its location within the Trabuco Creek flood plain, a paleontological resources field survey will also be undertaken by ARMC. ARMC will contact the Museum of Natural History and other archives and request a records search to determine if paleontological sites have been recorded within the limits of the Del Obispo Street Bridge project area or in the environs. In addition, ARMC will conduct a survey of the affected area. The results and recommendations of the records search and field survey will be documented and presented in the initial study. If it is determined that paleontological resources would be affected as a result of project implementation, mitigation measures will be identified. In addition to the Cultural and Scientific Resources surveys identified above that will be prepared under contract to KKC, other studies will also be required in order to adequately analyze the potential impacts anticipated from the implementation of the proposed bridge widening project. The firm of Giroux & Associates will conduct two technical studies. An acoustical analysis, which assesses construction - related noise impacts on the surrounding development based on the types of equipment and duration of the construction phase. In addition, the changes in traffic on the affected arterial system anticipated to occur as a result of the proposed improvements will also be evaluated to determine the nature and extent of any changes in mobile -source noise that result from project implementation. In addition, an air quality analysis, which quantifies the construction -related impacts as well as post -construction air quality impacts associated with changes in traffic volumes will also be evaluated. Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 0 9 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT As indicated above, several of the studies will be prepared by the project engineer (i.e., traffic analysis and hydrology/hydraulic analysis) and/or will be provided by the City of San Juan Capistrano (i.e., preliminary soils/geotechnical assessment, biological resource assessments). Applicable components of these reports will also be appended to the Draft EIR. Although KKC will be responsible for coordinating with the technical specialists and the City of San Juan Capistrano, the technical studies will be prepared under contract with the City. These technical studies are identified below. Preliminary Geotechnical Assessment/Soils Report Traffic Analysis Wetland Deli neation/Im pact Assessment Biological Resources Assessment Aquatic Survey Hydrology/Hydraulic Analysis WQMP/SWPPP Estimated Time Frame: Four Weeks Estimated Budget: $ 15,160.00 Task Three - Initial Studv/Mitigated Neqative Declaration (IS/MND KKC will be responsible for the preparation of the initial study for the proposed improvements to the Del Obispo Street Bridge over Trabuco Creek. Based on a review of the State CEQA Guidelines, the proposed project is neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA review. The Initial study must necessarily be extensive and thorough and will allow the City to determine whether the project qualifies for a Mitigated Negative Declaration (MND) or requires preparation of an Environmental Impact Report (EIR). Each of the topics identified on the City's environmental checklist form will be analyzed to document the nature and extent of any potential environmental consequences (and the need for mitigation). The specific purpose of the analysis will be to document any adverse environmental impacts associated with the proposed bridge improvements and reduce all potentially significant impacts to a level of insignificance through the identification of appropriate and effective mitigation measures. Where potential significant environmental effects are identified, appropriate mitigation measures will be prescribed to ensure that the impacts can be reduced to a less than significant level. Based on the scope and nature of the proposed project, it is anticipated that any potentially significant environmental impacts that would be anticipated can be mitigated. If so, the project would qualify for the preparation of a mitigated negative declaration. However, no decision on the environmental determination has been made at this time. As reflected above and in the work program, KKC has presented a scope of work for the preparation of an Initial Study/Mitigated Negative Declaration (IS/MND). However, should the Initial Study process identify any impacts that cannot be mitigated to a level of insignificance, KKC and the City would need to negotiate a contract amendment to provide for preparation of an Environmental Impact Report (EIR). The IS/MND will include the elements prescribed in the scope of work requirements identified by the City, including. (1) Project Description, (2) Surrounding Land Use and Project Setting, (3) List of Responsible Agencies, (4) Discussion of Environmental Evaluation; (5) Process Documentation; and (6) References. It is important to note that environmental analysis identified above will address each of the environmental issues listed on the City's Environmental Checklist. Once completed, five (5) copies of the proposed Proposal /or Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT IS/MND will be submitted to the City of San Juan Capistrano for review and comment. KKC will revise the initial study based on the comments made by City staff and prepare the Draft IS/MND. Ten (10) copies of the Environmental Administrator Draft Initial Study/Mitigated Negative Declaration will be prepared and submitted to the City, and twenty (20) copies of the Public Hearing Draft IS/MND will be printed and submitted to the City of San Juan Capistrano. Once completed and approved by the City for public noticing, the Draft document will be distributed for a 30 -day public review and comment period as required by the State CECA Guidelines for local project. KKC will be responsible for distributing the document to the list of recipients developed in concert with the City of San Juan Capistrano. These documents will be delivered to each of the recipients via certified mail (return receipt requested). KKC will be also be responsible for posting the Notice of Intent to Adopt a Negative Declaration with the Orange County Clerk -Recorder The City will provide a mailing list to KKC who will mail the Notice of Intent to Adopt a Mitigated Negative Declaration to affected property owners within 500 feet of the project. Estimated Time Frame: Eight Weeks (Including four weeks in Task Two) Estimated Budget: $14,080.00 Task Four - Preparation of the Final Negative Declaration The Final IS/MND will include all written comments received on the document during the public comments period as well as the responses prepared in accordance with CEOA requirements. KKC will prepare written responses to all comments received during the public review and comment period. These responses will be submitted to the City of San Juan Capistrano for review prior to completion of the Final Negative Declaration. It is important to note that the budget identified below reflects a limited amount of public comments. This budget may be revised if, after a thorough review of all comments received on the Draft Mitigated Negative Declaration, it is determined that it is inadequate to respond to all of the comments received on that document. Five (5) copies of the Final IS/MND will be submitted to the City of San Juan Capistrano. Estimated Time Frame. One Week Estimated Budget: $ 2,520.00 Task Five - Public Hearings As indicated In the City's RFP, KKC will attend two (2) public hearings, including one (1) before the San Juan Capistrano Planning Commission and one (1) before the City Council. In addition, this task will also include attendance at one (1) hearing before the City's Environmental Administrator. The Principal/Project Manager will attend the public hearing and will be responsible for making all presentations and responding to questions raised during the public hearing. Should additional hearings be required, they will be charged at the appropriate hourly rate. Estimated Time Frame: As Required Estimated Budget: $ 1,840.00 Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project— San Juan Capistrano June 5, 2006 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Task Six - Legal Notices KKC will be responsible for preparing both the requisite legal notice for the public advertisement, the Notice of Intent to Prepare a Negative Declaration, Notice of Completion that is filed with the State Clearinghouse, and the Notice of Determination that must be filed with the Orange County Clerk/Recorder. Once completed, these forms will be submitted to the City for review and endorsement. The Notice of Determination must be filed with the Orange County Clerk -Recorder within five (5) days of City approval of the proposed project. KKC will be responsible for posting the Notice of Intent and the Notice of Determination with the Clerk -Recorder. It is important to understand that neither the Notice of Determination nor Department of Fish and Game filing fees are included in the budget. Any such fees will be the responsibility of the City of San Juan Capistrano. Estimated Time Frame: As Required Estimated Budget. $ 1,280.00 Task Seven — Preliminary Environmental Study (PES) When a local agency desires federal funding for preparing environmental studies and preliminary engineering, the local agency submits a "Request for Authorization" form to the District Local Assistance Engineer (DLAE). The local agency may not proceed with reimbursable activities prior to the project's inclusion in a federally approved Federal Statewide Transportation Improvement Program (FSTIP) and receipt of "Authorization to Proceed" notification from Caltrans. The first step in the environmental process for local agency federal -aid transportation projects "OFF" the State Highway System (SHS) is a preliminary environmental investigation and completion of the PES Form. Because the project will be funded in part by the Federal Highway Administration, Caltrans, which administers the funding program, requires the preparation of a Preliminary Environmental Study. This task encompasses the research and analysis necessary to prepare the PES. The purpose of the PES is to determine the potential presence of sensitive environmental resources within the project area. The PES process consists of two parts: (1) a four -step Preliminary Environmental Investigation process; and (2) completion of the PES Form. The Preliminary Environmental Investigation (i.e., Step 1) consists of: The development of a complete Project Description (which addresses independent utility and logical termini), existing and proposed cross sections, and project maps. A review of relevant literature, amps and inventories. A request for technical information from resources and regulatory agencies. Verification of research findings in the field (i.e., site visit) and Field Review with Caltrans staff, if appropriate. When preliminary environmental investigations indicate a potential for sensitive resources within the project area, the local agency is responsible for undertaking the appropriate technical study to confirm the presence of the resource and determine the potential significant effect(s) of the project on the resource. To this end, the analysis undertaken to document the potential environmental effects will utilize the findings presented in the several technical studies undertaken in Task 2, which were identified to be necessary in order to adequately evaluate the environmental consequences anticipated as a result of project implementation and documented in the Initial Study/Mitigated Negative Declaration prepared to Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 0 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT complete the CEQA process. If it is determined that a Categorical Exclusion (CE) determination is made (i.e., no further NEPA-related environmental analysis is required), KKC will prepare and submit the CE to Caltrans. It is important to note that this task does not include the preparation of an Environmental Assessment (EA) or other environmental document prescribed by the National Environmental Policy Act (NEPA). Should it be determined that an EA or EIS is required, a revised scope of work and budget will be prepared and submitted to the City for approval. Estimated Time Frame. Two Weeks Estimated Budget: $5,400.00 PROJECT SCHEDULE A project schedule has been developed and presented below that reflects the time frames that will be necessary to undertake and complete the services outlined in this proposal. Project Schedule Del Obispo Street Bridge Widening Project San Juan Capistrano, CA Task Description Estimated Time 1 Pro ect Initiation/Coordination As Re wired 2 Sub Consultant Studies 4 Weeks 3a Initial Study/Negative Declaration 8 Weeks 3b City Review 2 Weeks 3c Revisions to the Draft IS/MND 1 Week Public Review and Comment 4 Weeks 4 Final Mitigated Negative Declaration 1 Week 5 Public Hearings As Re uired 6 Filingof Legal Notices As Required 7 Preliminary Environmental Stud PES 2 Weeks 'Several technical studies will be prepared under contract to the City of San Juan Capistrano and may not be completed within the 4 -week schedule. If the completion of those studies (e.g., traffic, hydrology/hydraulics, etc.) exceeds the 4 - week schedule identified above, the preparation of the IS/MND would exceed the 8 -weeks identified in Task 3a. In that event, a new project schedule would be prepared and submitted to the City of San Juan Capistrano. III. ESTIMATED BUDGET The scope of services and work described in Section I will be undertaken and completed for a not -to - exceed fee of $48,425.00 This fee includes meetings and coordination, preparation of the environmental analysis contained in the initial study, filing of necessary CEQA notices and printing, attendance at public hearings, and reproduction associated with the Initial Study/ Negative Declaration. A budget summary is presented below Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Budget Summary Del Obispo Street Bridge Widening Project San Juan Capistrano, CA Proposal /or Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 7 Title I Man -Hours Billin9 Rate Estimated Budget Task One - Project Initiation/Coordination Project Manager 1 48 1 $115.00/Hour $ 5,520.00 Task Two - Sub -Consultant Studies Acoustical Analysis $ 3,500.00 Air Quality Assessment $ 2,500.00 Cultural Resources $ 7,540.00 Paleontological Resources $ 1,620.00 Traffic and Circulation To Be Provided Drainage/Hydrology/Water Quality To Be Provided Preliminary Soils/Geology To Be Provided Aquatic Surveys To Be Provided Biological Resource Survey To Be Provided Wetlands Delineation/Impacts To Be Provided Sub -Total $15,160.00 Task Three - Screencheck Draft EIR Principal/Project Manager 32 $115.00/Hour $ 3,680.00 Environmental Planner 96 $ 80.00/Hour $ 7,680.00 Graphics 24 $ 60.00/Hour $ 1,440.00 Word Processing/Administration 32 $ 40.00/Hour $ 1,280.00 Sub -Total 184 $14,080.00 Task Four - Final Ne ative Declaration Principal/Project Manager 8 $115.00/Hour $ 920.00 Environmental Planner 20 $ 80.00/Hour $ 1,600.00 Sub -Total 28 $ 2,520.00 Task Five - Public Hearin s 16 $115.00/Hour $ 1,840.00 -Principal Task Six - Legal Notices Environmental Planner 16 $ 80.00/Hour $ 1,280.00 Task Seven — Preliminary Environmental Stud Principal/Project Manager 8 $115.00/Hour $ 920.00 Environmental Planner 40 $ 80.00/Hour $ 3,200.00 Graphics B $ 60.00/Hour $ 480.00 Word Processing/Administration 20 $ 40.00/Hour $ 800.00 Sub -Total 76 $ 5,400.00 Sub -Total - Professional Fees 368 $45,800.00 Proposal /or Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 7 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Title Man -Hours Billing Rate Estimated Budget Miscellaneous Postage Printing and Reproduction' Sub -Total $ 375.00 $ 2,250.00 $ 2,625.00 TOTAL ESTIMATED FEE 368 $48,425.00 'Estimated budget for postage (certified/return receipt) and printing is based on 60 copies of the document. IV. BILLING AND PAYMENT All charges shall be in accordance with the Budget Summary presented in Section II of this proposal. Invoices, which clearly describe the specific services and tasks performed during the billing period, shall be submitted on a monthly basis to the City of San Juan Capistrano. Each invoice is due and payable within 30 days of receipt and shall be considered delinquent on the 315' day. V. PROJECT MANAGEMENT AND PERSONNEL Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 25 years of environmental planning experience and has served as project manager for several similar projects. He has been personally responsible for the preparation of over 100 environmental documents required pursuant to the California Environmental Quality Act and has also prepared environmental studies mandated under the National Environmental Policy Act. He has recently reestablished his own environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector clients with high level, personalized environmental consulting services, including the preparation of environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of several environmental documents, including those for the Newport Banning Ranch Local Coastal Program in the County of Orange, West Coyote Hills in the City of Fullerton, the Emery Ranch residential development plans in the Cities of La Mirada and Fullerton, and for the Central City Redevelopment Project Area in the City of Bell Gardens. Mr. Kreitzer's resume has been included with this scope of work. VI. STATEMENT OF QUALIFICATIONS Keeton Kreitzer Consulting is a small, individual owned environmental consulting firm in Irvine, CA. Keeton K. Kreitzer established the firm in March 1998. Prior to establishing Keeton Kreitzer Consulting, Mr. Kreitzer was the owner and principal of Environmental Perspectives from 1984 to 1997 and served as an Associate with David Evans and Associates, Inc., for one year (March 1997 through March 1998) at which time he reentered the consulting arena as an independent consultant specializing in environmental planning and analysis. Mr. Kreitzer has conducted environmental analysis for a myriad of projects throughout southern California. A partial list and description of these projects is presented below Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project - San Juan Capistrano June 5, 2006 • 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Santiago Creek Bridge Widening Project 1, Orange County, CA KKC prepared a mitigated negative declaration (MND) for the Santiago Canyon Road Bridge located in the rural Silverado Canyon area of Orange County, approximately 0.3 mile west of Silverado Canyon Road. The project encompassed the barrier replacement for the bridge, including the removal of approximately two feet of deck slab and existing metal railing on each side of the bridge, construction of a 3' 2" concrete deck extension (i.e., overhang) on both sides of the roadway, construction of a concrete barrier on top of the deck extension, and the addition of new intermediate diaphragms to the bridge. Significant issues included sensitive species/habitat in the vicinity of the project, noise, temporary traffic impacts, and related construction -related effects. Santiago Creek Bridge Widening Project ll, Orange County, CA KKC prepared a MND for the Santiago Canyon Road Bridge located in the rural Trabuco Canyon area of Orange County, approximately 0.25 mile south of Modjeska Canyon Road. The project encompassed seismic retrofittbarrier replacement elements that included the retrofitting of the bridge substructure with steel column casing and concrete encasement of the bent footings, removal of the existing metal guard railing on each side of the bridge, extension of the bridge deck by 4 'Iz feet on both sides, construction of a concrete barrier on both sides of the bridge, and the placement of intermediate diaphragms to support the bridge extension. Significant issues included sensitive species/habitat in the vicinity of the project, noise, temporary traffic impacts, and related construction -related effects. Portola Hills Residential Conversion Draft EIR, Orange County, CA Mr. Kreitzer served as project manager for the preparation of the Draft EIR for the Portola Hills project that included a General Plan Amendment and Zone Change on property designed for a major business park and commercial center. The applicant requested a tentative tract map approval for over 600 dwelling units and a park on a 245 -acre property that was located within a Natural Communities Conservation Program sub -region. Significant issues analyzed in the Draft EIR included land use and relevant planning, population and housing, traffic and circulation, noise associated with EI Toro MCAS the provision of adequate public services and facilities, and biological resources. Marblehead - Coastal Local Coastal Program, San Clemente, CA The Marblehead - Coastal LCP was recently approved by the City of San Clemente (August 1998). The environmental analysis conducted for this last major coastal project in the City required extensive technical analysis in the areas of traffic and circulation, biological resources, hydrology and water quality and noise and air quality. The applicant proposed the development of approximately 60 acres of regional commercial along the 1-5 corridor. In addition, the majority of the remainder of the property included nearly 500 single-family residential dwelling units. Other land uses proposed for the site were a 10 -acre public park, a 2.5 -acre habitat preservation area, 1 -acre coastal serving commercial site, and public and private open space. The Draft EIR analyzed a full range of issues, including the consistency of the project with the City's Local Coastal Program. Mr. Kreitzer provided extensive coordination between the City, the applicant, the applicant's planner and several responsible agencies (i.e., California Department of Fish and Game, U.S. Fish and Wildlife Service„ etc.). Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 0 Ll PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT Newport Banning Local Coastal Program, Orange County, CA Keeton Kreitzer Consulting has been selected to prepare the Draft Program EIR for the Newport Banning LCP. This 412 -acre coastal project proposes the development of approximately 1,700 mixed residential dwelling units, a coastal inn, visitor -serving commercial, a potential school site, public and private open space, and wetlands restoration. Although the County of Orange is the "lead agency", a portion of the site is within the City of Newport Beach corporate limits and the City will play an important role in the planning and environmental review processes. Several technical studies must be completed in order to adequately evaluate this significant project in the County and City of Newport Beach. These studies include soils and geology, traffic and circulation, noise, air quality, biological resources, cultural and scientific resources, and aesthetics. Mr. Kreitzer will be responsible for complete project management and preparation of the Draft Program EIR that will be considered by both the County of Orange and City prior to each agency taking action on the project. VII. RESPONSIBILITY OF THE CITY OF SAN JUAN CAPISTRANO The City of San Juan Capistrano and/or Project Engineer (Willdan) shall provide the following information to KKC in order to complete the analysis described in this proposal. 1. A complete description of the proposed improvements to the Del Obispo Street Bridge widening project. 2. Exhibits illustrating the existing site and proposed improvements. 3. Engineering Plans and Specifications, including cross-sections (as determined necessary by the City of San Juan Capistrano). 4. Any previous environmental documents prepared for the proposed project, or in the vicinity of the proposed project, including but not limited to: Phase I and II Assessments, hydrology and water quality assessments, soils and geology, biological assessment, cultural/scientific resource surveys, etc. 5. All technical studies identified in Task Two (Subconsultant Studies) of this scope of work, including: (1) Preliminary Soils/Geology Report; (2) Hydrology/Hydraulic Analysis, (3) Biological Resource Assessment, (4) Aquatic Surveys. (5) Traffic Analysis, and (6) Wetlands Delineation/Impact Analysis. 6. Existing topographic map. 7. Aerial photograph (if available). 8. All other pertinent information related to the proposed project. Proposal for Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 10 0 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES DEL OBISPO STREET BRIDGE WIDENING PROJECT VIII. STATEMENT OF OFFER/TERMS OF AGREEMENT KKC is prepared to begin work on this project immediately upon execution of the contract. You may be assured that should we be selected to provide the environmental services described in this proposal, we shall devote our full resources to the project and will approach it with the highest degree of enthusiasm, objectivity, and professionalism. KKC will perform all work described in this proposal for a budget of $48,425.00. This offer is valid for a period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions made on the scope of the project. Should the scope change significantly, necessitating a change to the work program, we will contact you immediately and amend both the scope of services and budget accordingly. Offer Presented By. Keeton K. Kreitzer, Principal KEETON KREITZER CONSULTING Date. June 5, 2006 Proposal /or Environmental Consulting Services Del Obispo Street Bridge Widening Project — San Juan Capistrano June 5, 2006 11 Ll EXHIBIT B, PAYMENT FOR SERVICES Del Obispo Bridge Widening, Initial Study Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to this agreement shall not exceed $48,425. This fee shall include all costs incurred by the CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses necessary to complete all work specified in the "Scope of Work" (Exhibit "A"). Section 11. Consultant Payment Schedule: The City agrees to make progress payments to the CONSULTANT according to the following schedule and within thirty (30) days of the submission of invoices for authorized work completed by the consultant: Not more than ten percent (10%) monthly, up to a maximum of fifty percent (50%) cumulative of the total contract amount, shall be paid during preparation of the technical reports and the screencheck draft Initial Study. 2. Not more than seventy-five percent (75%) cumulative of the total contract amount shall be paid at submission of the screencheck draft Initial Study. 3. Not more than ninety percent (90%) cumulative of the total contract amount shall be paid at submission of the draft Initial Study and approval of the document by the Environmental Administrator. 4. One -hundred percent (100%) cumulative of the total contract amount shall be paid at issuance of an Negative Declaration (ND) or Mitigated Negative Declaration (MND) or determination that the project requires preparation of an environmental impact report. Contract Amount $48,425 Project Milestone Maximum Maximum Percentage Payment During preparation of the technical reports and the 50% $24,213 screencheck draft Initial Study. Submission of the screencheck draft Initial Study. 75% $36,319 Submission of the draft Initial Study, approval by the 90% $43,583 Environmental Administrator, and Issuance of the Notice of Intent to Adopt a Mitigated Negative Declaration. Approval of the Negative Declaration (ND) or Mitigated 100% $48,425 Negative Declaration (MND) or determination that the project requires preparation of an Environmental Impact Report (EIR). 0 0 Exhibit "C" Keeton Kreitzer Consulting Schedule of Fees (hourly rates) Meetings/Public Hearings $115.00 Project Management/Coordination S 95.00 Report Preparation $ 80.00 Research and Analysis $ 65.00 Graphics S 55.00 Administration/Word Processing $ 40.00 Printing and Reproduction Cost + 10% Postage and Supplies Cost + 10% Effective January 1, 2005