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10-0305_KEETON KREITZER CONSULTING_Personal Services Agreement First AmdFIRST AMENDMENT TO PERSONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PERSONAL.. SERVICES AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and Keeton Kreitzer Consulting, ("Consultant") is made and entered into, to be effective the ! day of �.� , 2010, as follows: RECITALS WHEREAS, the City and Consultant have entered into that Personal Services Agreement dated March 5, 2009 for services of Consultant to prepare the Environmental Information Document (EID) required by the U.S. Environmental Protection Agency (USEPA) for the proposed expansion of the City's Groundwater Recovery Plant (GWRP); (the "Agreement"); and WHEREAS, the City and Consultant desire to amend the terms of the Agreement as provided hereunder. AMENDMENT NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Consultant agree to the amend Sections 1 and 3.1 of the Agreement as follows: To Section 1 add the following items of work items 1) cultural resources survey to be performed by C. E. Drover; and, 2) biological survey to be performed by Glenn Lukos Associates, as required by the United States Environmental Protection Agency to respond to the comment on the EID submitting to the City by the at agency. To Section 3.1, increase the total amount of compensation by $2,410 from $15,680 to $18,090. All other provisions of the Agreement not amended hereunder shall remain in full force and effete i 1 ' w AT EST l i I By: Maria .A ity Clei APPROVED AS TO F B PI 4 /.A, s4Ai ar Sandoval, City Attorney 1 �- CITY OF SAN JU 4'CAPISTRANO 04 -7 --, Manager CONSULTANT Keeton Kreitzer, Principal Keeton Kreitzer Consultin -2- i4002a.1 32400 PASEO ADEi_ANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 FAx www. sa juan capistmn o. org TRANSMITTAL on Keeton Kreitzer, Principal Keeton Kreitzer Consulting 17291 Irvine Boulevard, Suite 305 Tustin, CA 92780 DATE: June 17, 2010 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: First Amendment to Personal Services Agreement — EID required for proposed expansion GRWP 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) 443-6310. If you have questions concerning the agreement, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Cc: Eric Bauman, Utilities Engineer; Michael Bruckner, Administrative Specialist San Juan Capistrano preserving the Past to Enhance the Future Printed on 100% recycled paper MEMBERS OF THE C!TY COUNCIL 'fog rro SAM ALLEVATO y €srAsus£fa LAURA FREESE THOMAS W.HRISAR 5 1776 ®A04k SHARK NIELSEN DR. LONDRES USO FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: First Amendment to Personal Services Agreement — EID required for proposed expansion GRWP 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) 443-6310. If you have questions concerning the agreement, please contact Eric Bauman, Utilities Engineer at (949) 487-4312. Cc: Eric Bauman, Utilities Engineer; Michael Bruckner, Administrative Specialist San Juan Capistrano preserving the Past to Enhance the Future Printed on 100% recycled paper Eric Bauman To: West Curry, Joe Tait Cc: Grant Taylor; Paul Scionti; Bill Ramsey; Michael Bruckner; Keeton Kreitzer Subject: FW: CSJC, GWRP Exp, Fed Grant, Arch/Paleo/Hist Resources Attachments: 606K Grant_KKC EID PSA_Amnd-01_2010-06-01_Signed-KKC-only.pdf; 606K Grant KKC EID PSA Amnd-01_2010-06-01_att-02_Drover.pdf; 606K Grant—KKC_—EID PSA-Amnd-01_20'10-06-01_att-03 GLA.pdf; 606K_Grant_KKC_EID_PSA_Amnd-01_2010-06-01 _AEI_REJECTED.pdf Joe: West: Please find attached a scan of the amendment no 1 to the contract with Keeton Kreitzer Consulting (KKC) for the EID documentation necessary to get the Federal Grant for $606K for the GWRP Expansion. I am having routed to City Attorney, City Manager, & City Clerk the 2 original hard copies. This amendment to the contract was required because the EPA in its response to the original EID submission the EPA requested: Archeological and National Historic Resources: "Please submit updated documentation that supports the City's determination that no archaeological resources or national historic will be impacted by the proposed project. This should include an updated Cultural Resources survey and required records search that would allow EPA to work with the State Historic Preservation Office to ensure compliance with the National Historic Preservation Act (NHPA) and the Archeological and Historic Preservation Act." - Jamelya Curtis Ground Water Office U.S. Environmental Protection Agency Region IX This work is outside the original scope and budget of work for KKC. Cost proposals were solicited from a cultural resources specialist and a biologist familiar with San Juan to respond to the request for additional information. The response from the biologist, GLA, at $1,160 seemed reasonable. There response from the first cultural resources consultant AEl was disproportionately large at $7,777. See the e-mails below for the full story. A second cultural resources consultant , Drover, was solicited. Drover's proposal was more reasonable to the task at $1,250. With that in hand KKC has proposed to prepare a response to the EPA's EID comments covering the additional work for a $2,410 increase in contract value ($1,160+1,250); for a total change in contact from R15,680 to $18,090. Eric. -----Original Message ----- From: Keeton Kreitzer[mailto:kkconsulting@sbcglobal.net] Sent: Tuesday, May 18, 2010 11:37 AM To: Bill Ramsey Cc: Eric Bauman Subject: Fw: CSJC, GWRP Exp, Fed Grant, Arch/Palen/Hist Resources Here is the scope and budget for the GWRP cultural resources assessment. It seems to me that they have over estimated the effort, especially the field work (16 hours in the field) and the report preparation (44 hours), which requires 14 hours of "publication management.". The scope includes the updated archaeo records search and NAHC coordination. Overall, the cost is nearly $8,000. 1 think they are following the protocol for NEPA which requires consultation, etc. I just don't see 44 hours to prepare the report. My sense is there will be substantial background information on early history of San Juan, native American occupation, etc., that really isn't relevant to the overall analysis; however, it is probably a requirement in these kinds of studies for federal agencies. Unlike the bio work, I'm not sure this is going to be quite so "straight forward" and the simple approach that we anticipated (i.e., records search, site visit, letter report documenting findings of no impact). Let me know what you think. Keeton ----- Forwarded Message ---- From: Barry Price <bprice@appliedearthworks.com> To: Eric Bauman<EBauman@sanjuancapistrano.org>; Keeton Kreitzer <kkconsulting@sbcglobal.net> Cc: Damon Haydu <dhaydu@appliedearthworks.com> Sent: Tue, May 18, 2010 11:09:16 AM Subject: RE: CSJC, GWRP Exp, Fed Grant, Arch/Paleo/Hist Resources Keeton and Eric, Attached please find out proposed scope of work and cost estimate to complete the cultural resource studies for the GWRP Expansion. Timing is good now --we can get moving on this as soon as we receive your approval. Barry A. Price I Applied Earthworks, Inc. Vice President 743 Pacific Street, Suite A San Luis Obispo, CA 93401 805:594.1590 x_3 office 805.594.1577 fax 559.284.0449 mobile bprice@appliedearthworks.com http://www.appliedearthworks.com From: Barry Price[mailto:bprice@appliedearthworks.com] Sent: Monday, May 10, 2010 4:59 PM To: 'Eric Bauman'; 'Keeton Kreitzer' Cc: 'Damon Haydu' Subject: RE: CSJC, GWRP Exp, Fed Grant, Arch/Paleo/Hist Resources Thanks Eric. This is helpful. Barry A. Price I Applied EarthWorks, Inc. Vice President 743 Pacific Street, Suite A San Luis Obispo, CA 93401 805.594.1590.x-3 office. 805.594.1577 fax 559.284.0449 mobile bprice@appliedearthworks.com http://www.appliedearthworks.com From: Eric Bauman[mailto:EBauman@sanjuancapistrano.org] Sent: Monday, May 10, 2010 4:38 PM To: Barry Price; Keeton Kreitzer Cc: Damon Haydu Subject: RE: CSJC, GWRP Exp, Fed Grant, ArchlPaleofHist Resources All: Attached is the RMV report from Jan 2001. Eric. From: Barry Price mailto:bprice@appliedearthworks.com] Sent: Monday, May 10, 2010 2:O6 PM To: Eric Bauman; 'Keeton Kreitzer' Cc: 'Damon Haydu' Subject: RE: CSJC, GWRP Exp, Fed Grant, ArchlPaleofHist Resources Thanks Eric. That is ,QE's report, which we already had on file here. Based on a preliminary review, it doesn't appear that we covered the area of the GWRP in our study. However, the EID mentions a January 2001 report by RMW Paleo that may have covered the property in question. Do you have a copy of that one? One of my staff people left a message for Mr. Kreitzer with the same request. To be sure we scope this properly, it would be a good idea for us to check in with the environmental planner or project manager at EPA. Can you give us a contact over there? Barry A. Price I Applied Earthworks, Inc. Vice President 743 Pacific Street, Suite A San Luis Obispo, CA 93401 805.594.1590 x-3 office 805.594.1577 fax 559.284.0449 mobile bprice@appliedearthworks.com http://www.appliedearthworks.com From: Eric Bauman[mailto:EBauman@sanjuancapistrano.org] Sent: Monday, May 10, 2010 1:34 PM To: Barry Price; Keeton Kreitzer Subject: RE: CSJC, GWRP Exp, Fed Grant, Arch/Paleo/Hist Resources Keeton: Barry: Attached is a copy of the Cultural Resources Inventory and Site Assessments, completed March 2009, for your use in completing the work proposed below. Eric. From: Eric Bauman Sent: Thursday, May 06, 2010 5:24 PM To: 'Barry Price' Cc. Keeton Kreitzer; West Curry; Bill Ramsey; Grant Taylor Subject: CSJC, GWRP Exp, Fed Grant, Arch/Paleo/Hist Resources Barry: Please note the question from EPA below regards the Archeological and National Historic Resources (Resources.) Can you provide a proposal to respond to the question? Consider the following attached documents: 03_site_pin.pdf - all work to take place within the confines of the existing constructed site, machinery to be mounded on existing foundations and slabs constructed in 2004. Pumps A & B. 200 hp pumps, will be replaced on with 250 hp pumps on the same mounting frame. GS_Foundation.jpg - Green sand filter noted in plans to be installed Dere in this empty bay. Mixer Foundation.jpg - Mixing chamber shown in plans to be installed here in this empty bay. Ex Chem _Stor.jpg - Existing chemical storage building. No changes to occur. SJC-GWRP_EID_2010-03-12TFinal.pdf. The document submitted to EPA. Several sections regarding Resources conclude that no impacts said Resources will occur. Consult with Keeton Kreitzer, v -card attached, regards the work and contract arrangements. Eric. From: Curtis.Jamelya@epamail.epa.gov[mailto:Curtis.Jamelya@epamail.epa.gov] Sent: Monday, April 26, 2010 8.06 AM To: Bill Ramsey Cc: Eric Bauman; Steven _Apple@mintra01.rtp.epa.gov; " <SApple@sanjuancapistrano.org/O=,"@mintra0l.rtp.epa.gov; WestCurry@mintra0l.rtp.epa.gov; " <WCurry/@sanjuancapistrano.org"@mintra0l.rtp.epa.gov Subject: San Juan Capistrano's Proposed Groundwater Recovery Plant Expansion Project Archeological and National Historic Resources Please submit updated documentation that supports the City's determination that no archaeological resources or national historic will be impacted by the proposed project. This should include an updated Cultural Resources survey and required records search that would allow EPA to work with the State Historic Preservation Office to ensure compliance with the National Historic Preservation Act (NHPA) and the Archeological and Historic Preservation Act. Jamelya Curtis Ground Water Office U.S. Environmental Protection Agency Region IX 75 Hawthorne Street (WTR-9) San Francisco, CA 94105-3901 phone: 415.972.3529 fax: 415.947.3549 email: curtis.jamelya@epa.gov 21 May 2010 Mr. Keeton Kreitzer Planning Associates 3151 Airway Ave. Ste. R-1 Costa Mesa, California 92626 Dear Mr. Kreitzer, Thank you for your inquiry regarding the City of San Juan Capistrano Ground Water Recovery Plat (GWRP) project. I understand that the project consists of above ground alterations to an existing, prebuilt structure in the City. An archaeological records search is necessary to be conducted at the Information Center, California State University, Bakersfield to determine the status of the subject property regarding cultural resources. Assuming that the subject property has been evaluated as to its potential cultural resources, the retraining tasks are necessary for cultural resource compliance. A cultural resource inventory of the above property require the following tasks as applicable: • an archaeological records search at the Information Center, CSUF • a physical survey of the property and proposed project improvements • a written evaluation of any resources and potential impacts resulting from the proposed Project ® Deliverables: 1) Technical Report including Information Center findings The above mentioned work would cost 1250.00, and can be completed within 1.0 working days of authorization or sooner, (dependant on institutional response). The final product will be provided as a PDF file, 'Word file and hard copy. Any additional, requested efforts such as meeting attendance would be billed on a time and materials basis. Results of the archaeological records search will indicated if a Sacred Lands Inventory or Native American consultation will be required. Again, thank you for your request and I hope I may continue to provide cultural. resource management services for your firm. Respectfully, //-- Christopher E. Drover, Ph.D. - 54 Sea Pine Larne - Newport Beach, CA. 92660 - 949-413-3026 GLENN LUKOS ASSOCIATES Regulatory Services April 30, 2010 Mr. Keeton K. Kreitzer Keeton Kreitzer Consulting 17291 Irvine Boulevard Suite 345 Tustin, California 92780 SUBJECT: Proposal to Provide a Biological Assessment of the Groundwater Recovery Plant EID Grant Project, a 1.5 -Acre Project Located in San Juan Capistrano, Orange County, California. Dear Mr. Kreitzer~ Glenn Lukos Associates, Inc. (GLA) is pleased to submit this proposal for provision of a biological assessment of subject project site. The biological assessment will consist of a site review by a staff biologist and docun-lentation of the developed condition of the site. A memorandum report will be prepared to summarize the findings of the site review; describe the proposed project and provide an abbreviated analysis of potential impacts, if any, of the proposed project on biological resources in the vicinity. The proposed fee for performance of the task addressed above is $1,160 including direct costs, but not including meetings or other tasks not specifically addressed above. MATEIUALS NEEDED FROM THE CLIENT Prior to the stark of work, GLA will need an exhibit depicting the project boundaries and a project description. 29 Orchard 1 Lake Forest California 92630-8300 Telephone; (949) 837-0404 Facsimile: (949) 837-5834 Mr. Keeton K. Kreitzer Keeton Kreitzer Consulting April 30, 2010 Page 2 SCHEDULE Work will begin within two weeks following receipt of formal authorization to proceed (unless arranged otheiivise rvith the client). Providing this proposal is acceptable, please so indicate by signing the attached Authorization for Professional Services and returning it to GLA. Your signature will constitute agreement to the terms set foi-th therein and will represent formal authorization to proceed. Should you have any questions regarding this proposal please call me at (949) 837-0404. Sincerely, GLENN LUKOS ASSOCIATE, NC. Glenn C. Lukos President s:814-06a.pro.doc IC AUTHORIZATION FOR PROFESSIONAL SERVICES GLENN LU KSS ASSOCIATES Regulatory Services Date: April 30, 2010 Project Number: 0814-0006gwr13 Project. Name: Provide a Biological Assessment of the Groundwater Recovery Plant EID Grant Project, a 1.5 - Acre Project Located in San Juan Capistrano, Orange County Client: Keeton Kreitzer Consultbig Address: 17291 Irvine Boulevard, Suite 305, Tustin, California 92780 hereby requests and authorizes GLA to perforin the following services: SCOPE OF SERVICES See proposal letter dated April 30, 2010. SCHEDULE To begin within two weeks following receipt of formal authorization to proceed. COMPENSATION The proposed fee is $1,160 including direct costs, but not including meetings or other tasks not specs ically addressed in the scope of work. Payn�t�ttt �f aaet�i��€a i+��he au�ount o� sl��lf s��� as auil3t�i��t�s13 i� }�teseeEl-�hts an�aua ri l be a}�p€ie the east a€prejeot cerxpletiot a33d-:kaif tie deducted frGrn- ,e-fnraI inv0ic-e: MISCELLANEOUS The services covered under this agreement are subject to federal agency involvement beyond the control of GLA. The proposed fee reflected in this agreement is based on our best estimates, as of this date, of the nature and results of this agency involvement. Should agency actions during the life of this agreement require read,;ustment ©f the fee, tate client will be advised and a new fee will be mutually agreed upon. Services covered by this authorization shall be performed in accordance with STANDARD PROVISIONS stated herein: Approved for CIJENT Accepted for GLA By- � �� � __ __-_-. _ _— --- By_ Name Name Glenn Lukos 'title Title President Date s:0814-6a.con.doc 29 Orchard 0 Lake Forest Telephone. (949) 837-0404 Date And 1 30, 201.0 California 92630-8300 Facsimile; (949) 837--5834 17 May 2010 Mr. Keeton Kreitzer 17291 Irvine Blvd, Suite 305 Tustin, CA 92780 743 Pacific Street Suite A San Luis Obispo, CA 93401 (805) 594-1590 FAX (805) 594-1577 RE: Scope of Work and Cost Proposal for Cultural Resource Services San Juan Ca istrano's Proposed Groundwater RecovePlant Expansion Project Dear Mr. Kreitzer: Applied EarthWorks, Inc. (IE) is pleased to submit this proposal to conduct cultural resources studies in support of the City of San Juan Capistrano',s proposed Groundwater Recovery Plant Expansion Project. Per our recent discussions and the direction of the Environmental Protection Agency, AE's proposed scope of work for the cultural resources study includes the following tasks.- Background asks. Background Research. Prior to the initiation of field investigations, IE will obtain an archaeological records search from the South Central Coast Information Center of the California Historical Resources Information System (Information Center), housed at California State University, Fullerton. The Information Center's site records, base maps, and other documentation will identify prior surveys and previously recorded archaeological sites within and immediately adjacent to the study area. Copies of all pertinent site records, maps, and other relevant documents will be obtained. Results of the records search will be described in a technical report of findings as described below, Native American Coordination ,E will contact the Native American Heritage Commission (NAHC) to request information from their files regarding sacred sites that may be documented in the study area, and for a list of local tribal contacts. The people included on the NAHC list will be notified by telephone and in writing to elicit any concerns or to obtain further information important to the local Native American community about the study area. Field Work. IE will conduct field reconnaissance to confirm the presence or absence of cultural resources in the Area of Potential Effects {APE). Any identified cultural resources will be recorded to current professional standards on Department of Parks and Recreation Primary and Archaeological Site Forms, and photographed using digital color and/or 35 -millimeter color print film. Planimetric sketch maps will be prepared to scale for archaeological sites documented during the project. Site locations will also be recorded using a Global Positioning System. (GPS) device. Technical Report of Findings. The results of the background research, consultations, and field effort will be documented in a technical report of findings prepared to the professional standards outlined in the Office of Historic Preservation's Archaeological Resource Management Reports (ARMR): Recommended Contents and Format. COST ASSUMPTIONS The assumptions and cost estimates detailed below were used to generate the attached labor allocations and budget. Significant changes in the working conditions or requirements beyond 1E's control may necessitate modifications to the scope of work and proposed budget. We estimate that 3 hours of Information Center time will be necessary to complete the records search. Our cost proposal includes the Information Center's self -search fee (3 hours @a $150.00. per hour) plus additional funds for photocopying site records and. reports. We have allocated 8 hours for prefield research. This includes time to obtain and review the records search, contact the NAHC and local Native American representatives by letter/email and follow up telephone calls, and make logistical arrangements for fieldwork. We assume that no cultural resources will be encountered during the field survey of the plant expansion footprint. We have not included time or costs to document or evaluate the significance of any resources that may be discovered. 11✓ will prepare a cultural resources inventory report according to the standards outlined in Archaeological Resource Management Reports: Recommended Content and Format published by the California Office of Historic Preservation. This report will satisfy the requirements of Section 106 of the National Historic Preservation Act for the identification of cultural resources within the APE of the project. Our cost estimate includes time only to complete the studies described above. We assume that additional, more detailed studies (e.g., architectural surveys, significance evaluations, or impact mitigation) are not necessary at this time. As a result, time and costs to conduct these more detailed studies are not included its our cost proposal. Our cost proposal includes 44 hours to write, edit, and prepare graphics for the draft and final technical report. We also have allocated eight hours each for the Principal Archaeologist and Project Manager to participate in teleconferences with the City, EPA, SHPO, or other agencies and prepare additional consultation documentation, if necessary and requested. We have not included time to attend public hearings or other such meetings. Our cost proposal is based upon straight -time rates (i.e., 8 hours/day, 40 hours/week) for nonexempt personnel. We have not budgeted for overtime work and assume it will not be necessary for the project. If overtime work should become necessary, the rate adjustments required by law would prevail. Our proposal covers only the work described above. Any substantial change in work conditions or requirements beyond E's control may require revision in the work scope, level of effort, and/or budget. Total costs for conducting the baseline work described above is estimated at approximately $7,777.00, including all direct labor, employee benefits and overhead, outside services, other direct costs, and fee. Our estimated labor allocations and costs are depicted on the attached spreadsheets. Depending on the ultimate scheduling and technical requirements of the work, k may reallocate labor to other categories if necessary or beneficial for the project. We appreciate the opportunity to provide this proposal. Please call us at 805-594-1590 if you have questions about our proposal or require additional information. Sincerely, Barry A. Price, M.A., RPA Principal Archaeologist enclosures CONFIDENTIAL AND PROPRIETARY Estimated Budget for Cultural Resource Studies City of San Juan Capistrano Proposed Groundwater Recovery Plant Expansion Project Applied EarthWorks, Inc. 17 May 2010 Labor Category Hrs. Rate Cost Principal Archaeologist (BAP) 12.0 144.10 1,729.20 Project Manager (DH) 56.0 60.50 3,388.00 GIS Technician (SE) 8.0 69.90 559.20 Lead Field Technician (KJ) 0.0 52.80 0.00 Field Technicians 0.0 47.70 0.00 Publications Manager (SR) 14.0 75.40 1,055.60 Draftsperson (LM) 0.0 55.70 0.00 Total Flours/$ 90,0 6,732.00 Other Direct Costs Information Center Fees Native American Monitor (days) Trimble GeoXT 450.00 Vehicles, Travel, Transportation 450.00 Photographs/photocopies Communication/Duplication/Supplies 50.00 Total ODCs 950.00 ADMINISTRATIVE FEE @ 10% (non -labor) 95.00 TOTAL COST $7,777.00 CONFIDENTIAL AND PROPRIETARY Estimated Labor Allocation for Cultural Resource Studies City of San Juan Capistrano Proposed Groundwater Recovery Plant Expansion Project Applied EarthWorks, Inc. 17 May 2010 Total (hrsl ErnpLoee PREFIELD FIELD SURVEY REPORT PREP Meetings & Consultations Principal Archaeologist 2.0 2.0 8.0 12.0 Project Manager 8.0 16.0 24.0 8.0 56.0 GIS Technician 2.0 2.0 4.0 8.0 Lead Field Technician 0.0 Archaeological Technician 1f 0.0 Publication Manager 14.0 14.0 Draftsperson 0.0 Word Processing 0.0 Total 12.0 18.0 44.0 16.0 90.0 Today's Date: E CONTRACT TRANSMITTAL. Transmittal Routing (Check All That Apply) City Attorney City Manager City Clerk CIP No. (if any): __:�RProject Manager's last Name: Phone Extension Council or CRA Meeting ©ate (if applicable): APPROVING AUTHORITY: (Check One) ❑ Mayor ❑ CRA Chair City Manager Provide (1) executed original contract for each signing party, including the City. If the agreement is to be recorded -- only (1) original will be recorded with certified copies going to other parties. Please provide the mailing address of any party to receive an agreement — unless the mailing address is included within the body of the agreement: Names Street -city St Zi OTHER INSTRUCTIONS: Form Date: €11-2004 D - 7