10-0526_KEETON KREITZER CONSULTING_Action Reminder (2)0 0
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this :4 day
of June, 2011, by and between the San Juan Capistrano (hereinafter referred to as the
"City") and Keeton Kreitzer Consulting (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to conduct California Environmental Quality Act (CEQA) review and complete
Resource Agency permitting for Capital Improvement Program (GIP) 11503, Sun Ranch
Storm Drainage; 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 the Consultant shall consist of those tasks as
set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 31, 2012.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $88,360
(eighty-eight thousand, three -hundred and sixty dollars and no cents) as set forth in Exhibit
"B," attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontractina and Assionment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the 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 the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the work will be considered employees of
Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Channes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested 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/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
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Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold
harmless the City and its elective and appointive boards, officers, agents, and employees
from any and all claims, liabilities, expenses, or damages of any nature, including attorneys'
fees, for injury or death of any person, or damages of any nature, including interference
with use of property, arising out of, or in any way connected with the negligence,
recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents,
officers, employees, subcontractors, or independent contractors hired by Consultant in the
performance of the Agreement. The only exception to Consultant's responsibility to protect,
defend, and hold harmless the City, is due to the negligence, recklessness and/orwrongful
conduct of the City, or any of its elective or appointive boards, officers, agents, or
employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to the
City. Consultant shall not allow any subcontractor to commence work on any subcontract
until all insurance required of the Consultant has also been obtained for the subcontractor.
Insurance required herein shall be provided by Insurers in good standing with the State of
California and having a minimum Best's Guide Rating of A- Class VII or better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
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14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit the
insurance certificates, including the deductible or self -retention amount, and an additional
insured endorsement naming City, its officers, employees, agents, and volunteers as
additional insureds as respects each of the following: Liability arising out of activities
performed by or on behalf of Consultant, including the insured's general supervision of
Consultant; products and completed operations of Consultant; premises owned, occupied
or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection afforded City,
its officers, employees, agents, or volunteers.
14.5 Notice of Cancel lation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium.
14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
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Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall be
used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: William Ramsey, AICP, Principal Planner
To Consultant: Keeton Kreitzer Consulting
P. O. Box 3905
Tustin, CA 92781-3905
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.
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 Aureement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Mana Morris, 6ityeferk'�
APPROVED AS TO FORM:
N6 A AjA&LO
Omar Sando I, City Attorney
CITY OF SAN JUAN CAPISTRANO
By:
Dave Adams, City Manager
CONSULTANT
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Keeton Kreitzer
Keeton Kreitzer
0 EXHIBIT A 0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
GRADING AND DRAINAGE DESIGN PROJECT - BELLADONNA ESTATES
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION FOR THE
GRADING AND DRAINAGE DESIGN PROJECT- BELLADONNA ESTATES
SAN JUAN CAPISTRANO, CA
SCOPE OF SERVICES
WORK PROGRAM
A work program has been developed in response to the Request for Proposals (RFP) released by the City
of San Juan Capistrano to ensure that the environmental review process is carried out in accordance with
the California Environmental Quality Act (CEQA) and the City of San Juan Capistrano adopted CEQA
procedures. The environmental analysis undertaken for the project will address the potential effects of the
proposed project, which includes the implementation of new storm drain improvements and off-site
grading improvements within and existing City of San Juan Capistrano drainage easement located north
of Tentative Tract Map No. 16146 (Belladonna Estates).
The scope of services envisioned by Keeton Kreitzer Consulting (KKC) is responds to the City's request to
prepare an Initial Study (IS)/Mitigated Negative Declaration (MND) for the proposed project, including: (1)
the provision of competent, effective environmental analysis project management; (2) preparation of
technical studies and incorporation of existing and additional technical studies that have been (or will be)
prepared for the proposed project, (3) provision of permit processing, including Section 404 (U.S. Army
Corps of Engineers), Section 1602 (California Department of Fish & Game), and Section 401 (California
Regional Water Quality Control Board); (4) preparation of the environmental documentation (i.e., initial
study); (5) processing of the environmental documentation and public participation; (6) preparation of the
final environmental document; (7) attendance at public hearings; and (8) preparation and filing of CEQA
legal notices (i.e., NO[ and NOD). These several objectives will be achieved through the completion of
several work tasks.
It is important to note, however, that upon completion of the initial study, the City's Environmental
Administrator (EA) will review the analysis and determine if the information contained in the analysis
warrants additional environmental analysis in the form of a Draft Environmental Impact Report (DEIR). If
such a determination is made by the San Juan Capistrano EA (i.e., preparation of a DEIR), a revised
scope of work and budget will be prepared to address that potential conclusion. However, as indicated
above, the scope of work presented in this proposal encompasses the work necessary for the preparation
of an ND or MND and the subsequent environmental review process through project approval. Each of
the work tasks identified above 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., proposed [Mitigated] Negative Declaration). Project coordination
will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation
Meeting as the first step in that process. That meeting will be held at the first available time after the
contract has been awarded and executed. Participants in the meeting will include representatives of the
City of San Juan Capistrano, KKC, and technical consultants (if determined necessary) in order to provide
direction in the planning and environmental review process for the proposed project. Topics of discussion
Proposal for the Preparation of an ISIMND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
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PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
GRADING AND DRAINAGE DESIGN PROJECT -BELLADONNA ESTATES
will include the definition of the project description, identification of responsible agencies and sources of
information, and the project schedule.
In summary, this task will include the following sub -tasks:
Consultation and coordination of the proposed project and environmental document with
the City of San Juan Capistrano staff to ensure that City policies are incorporated into the
Draft environmental document,
Consultation and coordination of the proposed project and environmental document with
the jurisdictional resources agencies, including: U.S. Army Corps of Engineers, California
Department of Fish & Game, and California Regional Water Quality Control Board;
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures; and
Coordination with City staff and attendance at up to two (2) additional meetings with City
staff as indicated above.
Estimated Time Frame: As Required
Estimated Budget: $6,000.00
Task Two — Sub -Consultant Studies
The project engineer will be responsible for providing the following technical reports: (1)
hydraulic/hydrologic report; and (2) soils and geotechnical report. In addition, in order to adequately
evaluate project -related impacts, it will be necessary to undertake several technical studies, including
those for: (1) air quality; (2) noise; (3) cultural/paleontological resources; and (4) biological
resources/permitting. These technical and related studies, which will be conducted by the project team
members, are identified below:
Air Quality Analysis Giroux & Associates
Noise Analysis Giroux & Associates
Cultural/Paleontological Assessment BCR Consulting
Biological Mitigation Program Glenn Lukos Associates
The scopes of each of the subconsultant studies included in this scope of work are provided below:
Air Quality Analysis
Giroux & Associates will prepare a construction phase air quality analysis, which will quantify the
temporary air pollutant emissions associated with the proposed improvements. Specifically, the
air quality analysis will include the following:
Update the atmospheric environmental setting for the project area based on data
from the nearest SCAQMD AQMD air monitoring station in Mission Viejo.
Calculate temporary construction activity emissions using procedures identified in
the SCAQMD CEQA Air Quality Handbook.
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project— Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
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PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
GRADING AND DRAINAGE DESIGN PROJECT - BELLADONNA ESTATES
Prepare a local significance threshold (LST) analysis for construction activity
emissions pursuant to the SCAQMD Guidelines.
• Verify the absence of any carbon monoxide "hot spots" in the project vicinity suing
a screening procedure based upon the CALINE4 computer model.
• Provide a discussion of project -related greenhouse gas (GHG) emissions based
on currently accepted thresholds of significance.
• Discuss project consistency with the South Coast Air Basin Air Quality
Management Plan in terms of land use planning consistency.
• Identify any potentially applicable mitigation measures, particularly focused on
construction activities.
Noise Analysis
Giroux & Associates will also prepare a noise analysis, which will identify and describe potential
noise impacts associated with the proposed improvements. Specifically, the noise analysis will
include the following:
Conduct on-site noise measurements and traffic observations to calibrate the
noise prediction model for site specific traffic speeds, truck mixes and day/nighl
vehicle mixes.
Coordinate adoption of the appropriate significance threshold as a basis for any
subsequent significance findings.
Identify all receivers that may be adversely affected by project implementation in
terms of construction/construction traffic noise.
Evaluate the range of mitigation options to meet the 45 dB CNEL interior standard
if exterior facade levels cannot be reduced to 65 dB CNEL at any affected areas.
Cultural/Paleontological Assessment
BCR Consulting (BCR) will conduct a cultural/paleontological resources assessment in
accordance with City Council Policy 601 as prescribed in the RFP. This assessment will include
both a records search and site survey of the project area to determine the existence of any
cultural and/or paleontological resources. In addition, the cultural assessment will address
Section 106 requirements in the event an environmental assessment is required pursuant to the
U.S. Army Corps of Engineers Section 404 Individual Permit process. The work undertaken by
BCR will include a cultural resources records survey, which will be conducted through the South
Central Coastal Information Center (SCCIC) at California State University, Fullerton, the regional
clearinghouse for such records. Consultation with City staff and local groups, including
consultation with Native American representatives, if determined necessary, will also occur and
the results of such consultation will be included in the report. In addition, limited research will be
conducted into the land use history of the project area through the City's Inventory of Historic and
Cultural Landmarks, the San Juan Capistrano Historical Society, the City Library, and other
resources, archives and repositories as deemed appropriate. Upon completion of the research,
BCR will conduct a field survey of the project study area. The field survey will cover 100 percent of
the accessible project site and will be conducted by field personnel trained to recognize cultural
resources (prehistoric and historic archaeological and historic architecture). During the survey,
any previously unidentified resources will be recorded on California Department of Park and
Recreation (DPR) 523 forms. Recommendations will be provided for the treatment of those
resources.
Proposal for the Preparation of an I SWND
Grading and Drainage Design Project - Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
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PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
GRADING AND DRAINAGE DESIGN PROJECT - BELLADONNA ESTATES
BCR will request a paleontological overview/vertebrate paleontological records search from Dr.
Samuel McLeod of the Museum of Natural History. The overview will consist of a thorough review
of geological and paleontological maps and reports to reveal any known vertebrate fossil localities
or sensitivity within or adjacent to the project site. The results and recommendations will be
summarized in a letter report provided as an attachment to the cultural resources report.
Biological AssessmenUJurisdictional Delineation/Permit Processing
The scope of work undertaken by Glenn Lukos Associates (GLA) includes several tasks, including
the preparation of a jurisdictional delineation and related work associated with the Section 404,
Section 1602, and Section 401 permits, which will be processed through the resource agency
having jurisdiction. GLA has provided a "worst case" scope and budget to complete the work that
would be necessary to obtain approval of an Individual Permit (IP) pursuant to Section 404(b)(1)
of the Clean Water Act. The tasks associated with the work to be undertaken by GLA are
identified below.
• Delineation of Site Federal and State Agency Jurisdiction
• Preparation of Written Letter Report of Findings
• Formulation of Mitigation Plan
• Process Section 404 Authorization'
• Preparation of Streambed Alteration Notification
Preparation of Request for 401 Water Quality Certification and/or Waste
Discharge Requirement (WDR)
• Coordination with U.S. Army Corps of Engineers, California Department of Fish
and Game, and California Regional Water Quality Control Board
In addition, GLA has also provided a scope and budget that would be undertaken in the event the
proposed project would qualify for a Nationwide Permit (NWP). This scope of work would include
most of the tasks identified above with the exception of the work associated with the IP (i.e.,
preparation of the alternatives analysis/EA, responses to public comments, and the USACOE
application, which would be replaced by the Preparation of a Waiver RequesUPCN for the NWP.
Estimate Time Frame: 4 Weeks
Estimated Budget: $61,950.00
$ 2,500.00 (Air Quality/Climate Change)
$ 2,500.00 (Noise)
$ 3,120.00 (Cultural/Paleontological Assessment)
$53,830.00 (Biological Assessment/Jurisdiction Delineation/Permit Processing)
Task Three — Preliminary Initial Studv/Mitigated Negative Declaration
KKC will be responsible for the preparation of the initial study for the Grading and Drainage Design project
proposed by the City of San Juan Capistrano. Based on a review of the State CEQA Guidelines, the
proposed project is neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA
review. In order to achieve the objective of preparing a Mitigated Negative Declaration, the initial study
'This task includes the preparation of an alternatives analysis/environmental assessment. However, if it is determined that the
project is eligible for a Nationwide Permit, the alternatives analysis/environmental assessment will not be required and these sub -
tasks and their associated costs would be eliminated.
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
must necessarily be extensive and thorough. The initial study prepared by KKC will address each of the
following: (1) preparation of a thorough, comprehensive project description; (2) discussion of the existing
land uses and related plans and programs, including the San Juan Capistrano General Plan, SCAQMD Air
Quality Management Plan, etc.; (3) a listing and description of the permits and/or approvals required for
project implementation; (4) a thorough analysis of the potential environmental impacts anticipated as a
result of the proposed project, including each environmental topic listed in the City's environmental
assessment form; and (5) a listing of the reference documents and technical studies utilized to evaluate
the proposed project.
As noted above, each of the topics identified on the City's environmental assessment form will be
analyzed to document the nature and extent of any potential environmental consequences (and the need
for mitigation). The determination of potentially significant impacts will be based on criteria established
either by the City of San Juan Capistrano, responsible agencies and/or resource agencies. The specific
purpose of the analysis will be to document the lack of adverse environmental impacts associated with the
proposed roadway widening project to support the environmental determination that no significant impacts
will occur as a result of project implementation. As required by the State CEQA Guidelines and the City of
San Juan Capistrano guidelines for implementation CEQA, where potentially significant impacts are
identified, mitigation measures will be prescribed that reduce the potentially significant impacts to a less
than significant level. The level of detailed presented in the environmental analysis conducted for the
proposed project will be commensurate with the level of detailed reflected in the Grading and Drainage
Design and related technical studies prepared for the proposed project.
The analysis conducted for the Grading and Drainage Design project will be thorough and will describe the
potential environmental consequences of implementing the proposed improvements. The analysis will
reflect the findings and recommendations of the environmental consultant as determined in the several
technical studies prepared for the project as well as related research and analysis conducted on the
project. Once completed, the Screencheck S/MND will be submitted to the City of San Juan Capistrano
for review and comment. Five (5) copies of the Screencheck IS and one (1) electronic copy of the
document in Microsoft Word format will be submitted to the City.
Estimated Time Frame: 6 Weeks (including 4 Weeks in Task 2)
Estimated Budget: $11,260.00
Task Four — Draft Initial Study/Mitigated Negative Declaration
KKC will revise the initial study based on the comments made by City staff and prepare the Revised
Screencheck IS/MND. Two (2) copies of the Revised Screencheck IS/MND will be resubmitted to the City
for final review and comment. If necessary, final revisions to the document will be incorporated as
directed by City staff and the Public Review Draft ISIMND will be prepared. Once completed, the Public
Review Draft document will be printed and distributed for a 30 -day public review and comment period as
required by the State CEQA Guidelines for projects that are subject to review by State agencies. A total of
twenty (20) copies of the Public Review Draft IS/MND will be printed. In addition, KKC will also create an
electronic copy of the document in Microsoft Word for submittal to the City. KKC will be responsible for
distributing the document to the State Clearinghouse and other recipients included on the distribution list
developed by KKC in cooperation with City staff. KKC will also be responsible for posting the Notice of
Intent to Prepare a Negative Declaration both at the Orange County Clerk -Recorder's Office and at the
City of San Juan Capistrano.
Proposal for the Preparation of an ISIMND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
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PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
Estimated Time Frame: 2 Weeks
Estimated Budget: $2,000.00
Task Five — Response to Public Comments/Mitigation Monitoring and Reporting Program
KKC, in cooperation with the San Juan Capistrano Planning and Public Works Departments staff, will
prepare written responses to all relevant 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 proposed Final Negative Declaration. In addition, KKC will also prepare the Mitigation
Monitoring and Reporting Program (MMRP) for the proposed project as required by Section 21086.6 of
CEQA. The MMRP will identify each mitigation measure, the method of verification of the measure, the
timing for implementation of the measure, and the responsibility for implementing each mitigation
measure.
Estimated Time Frame: 1 Week
Estimated Budget: $2,920.00
Task Six — Public Hearings
If requested by the City, KKC will attend two (2) public hearings, including one (1) before the San Juan
Capistrano Planning Commission and one (1) before the City Council. The Principal/Project Manager will
attend the public hearing and will be responsible for making all presentations and responding to questions
raised during the public hearing. Should additional hearings be required, they will be charged at the
appropriate hourly rate.
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Task Seven — Preparation of Legal Notices
KKC will be responsible for preparing the requisite Notice of Intent (NOI), State Clearinghouse Notice of
Completion (NOC), legal notice for the public advertisement, and the Notice of Determination that must be
filed in the office of the Orange County Clerk -Recorder and with the State Clearinghouse. Once
completed, these forms will be submitted to the City for review. KKC will also be responsible for filing
these notices with the State Clearinghouse and Orange County Clerk -Recorder. It is important to note,
however, that the filing fees are not reflected in the estimated budget for miscellaneous expenses.
Although total budget includes the NOD filing fee that must be paid to the Orange County Clerk -Recorder
at the time the NOD is filed, it does not include the Department of Fish and Game filing fee, which must
also be paid to the Orange County Clerk -Recorder at when the NOD is filed, if it is determined that the
project is not exempt from the fee.
Estimated Time Frame: 1 Day
Estimated Budget: $320.00
Proposal for the Preparation of an /S/MND
Grading and Drainage Design Project - Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
Gl
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PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
Task Eight - Approved IS/MND
Following approval of the proposed project, KKC will prepare the Approved IS/MND, which will reflect any
changes to the document resulting from responding to public comments and/or public testimony
presented during the public hearing process. When completed, KKC will provide the City will five (5)
copies of the Approved IS/MND as well as an electronic copy of the document in MicroSoft Word format
and one copy in Acrobat pdf format.
Estimated Time Frame: 2 Weeks
Estimated Budget: $460.00
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
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PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
PROJECT SCHEDULE
IS/MND Schedule
A project schedule has been developed to facilitate the 2 -year time frame stipulated in the Settlement
Agreement for completion of the drainage facility. The tentative schedule reflects the time frames that will
be necessary to undertake and complete the services outlined in this proposal for approval of the IS/MND
and project approval. The project schedule is presented below.
Tentative Project Schedule
Grading and Drainage Design - TTM 16146 (Belladonna Estates)
San Juan Capistrano, CA
Task Description
Estimated Time
1 Project Initiation/Coordination
As Required
2 Sub -Consultant Studies
4 Weeks
3 Screencheck IS/MND
6 Weeks
City Review
2 Weeks
4 Revisions/Draft MND
1 Week
City Review of the Revised Screencheck
IS/MND
1
Week
Draft IS/MND
1 Week
Public Review and Comment
4 Weeks
5 Response to Public Comments/MMRP
2 Weeks
6 Public Hearings
As Required
7 Filingof Legal Notices
1 Da
8 Approved IS/MND
1 Week
'Includes the 4 weeks in Task 1; however, if the hydrologic/hydraulic/water quality
reports and grading and preliminary geotechnical report from Hall & Foreman are
not receive two weeks prior to the anticipated completion of the Screencheck
IS/MND, the schedule may be revised to reflect the delay.
Permitting Schedule
Once the IS/MND and proposed project are approved, it is anticipated that permits from the U.S. Army
Corps of Engineers (Section 404 Permit), California Department of Fish & Game (Section 1602 Permit),
and California Regional Water Quality Control Board (Section 401 Certification) would be processed. A
definitive schedule cannot be determined at this time; however, based on the experience of GLA, it is
anticipated that permits could be obtained from the resource agencies having jurisdiction within six to nine
months from project approval.
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
E
0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
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 $88,3660.00 ($76,840.00 if the project qualifies for a Section 404 Nationwide Permit). This
fee includes meetings and coordination, preparation of the environmental analysis contained in the initial
study, relevant technical studies, permit processing, preparation of necessary CEQA notices and printing
as indicated below, and attendance at a maximum of two (2) public hearings associated with the Initial
Study/ Negative Declaration. The estimated budget is presented below.
Budget Summary
Grading and Drainage Design - TTM 16146 (Belladonna Estates)
San Juan Capistrano, CA
Title
I Man -Hours
I Billing Rate
Estimated Budget
Task One - Project InitiationlCoordination
Principal 40 $150.00/Hour $ 6,000.00
Task Two — Sub -Consultant Studies
Air Quality Analysis
$ 2,500.00
Historic Resources Assessment
$ 2,500.00
Cultural/PaleontologicalAssessment
$ 3,120.00
Biological Mitigation Program
$53,830.00'
Sub -Total
$ 61,950.00
Task Three — Prelimina Initial Stud
Principal/Project Manager
8
$150.00/Hour
$ 1,200.00
Report Preparation
60
$115.00/Hour
$ 6,900.00
Research and Analysis
20
$ 90.00/Hour
$ 1,800.00
Graphics
12
$ 60.00/Hour
$ 720.00
Word Processing
16
$ 40.00/Hour
$ 640.00
Sub -Total
116
$ 11,260.00
Task Four - Draft Initial Stud INenative Declaration
Report Preparation
16$115.00/Hour
$ 1,840.00
Word Processing
4
$ 40.00/Hour
$ 160.00
Sub -Total
20
$ 2,000.00
Task Five — Res onse to Public Comments/MMRP
Project Manager
24
$115.00/Hour
$ 2,760.00
Word Processing
4
$ 40.00/Hour
$ 160.00
Sub -Total
28
$ 2,920.002
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
0
0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
Title
Man -Hours
Billing Rate
JEstimated Budget
Task Six - Public Hearings
8 $150.00/Hour $ 1,200.00
-Principal
Task Seven - Legal Notices
Word Processing8 $ 40.00/Hour $ 320.00
Task Ei it - A roved ISIMND
ProectManager 1 4 $115.00/Hour $ 460.00
Printing and Repro uction
Printing and Reproduction
$ 2,000.00
Postage
$ 200.00
Supplies
$ 50.00
Sub -Total
$ 2,250.00°
TOTAL NOT -TO -EXCEED FEE
224
$88,360.000'0
'Assumes the project requires an Individual Permit (i.e., "worst case"). In the event the project
Qualifies for a Nationwide Permit, this budget would be $42,310.00, resulting in a total budget
for Task 2 of $50,430.00.
2Assumes a maximum of 50 individual comments.
3Fee includes attendance at two (2) public hearings. Attendance at additional hearings are not
included and would be billed on a time -and -materials basis at $150.00/hour.
°Estimated budget includes printing of five (5) copies of the Screencheck IS/MND, two (2)
copies of the Revised Screencheck IS/MND, twenty (20) copies of the Public Review Draft
IS/MND, twenty (20) disks with the Public Review Draft IS/MND in pdf format, and five (5)
copies of the Approved IS/MND as well as postage to distribute the IS/MND via certified mail
(return receipt). This budget does not include fees required for legal advertisement. Additional
budget may be required if printing and postage fees exceed the estimated budget. Such
additional fees would be the responsibility of the City of San Juan Capistrano.
5Total does not include filing fees, which are required at the time the Notice of Determination
is filed with the Orange County Clerk -Recorder.
61f the project qualifies for a Nationwide Permit, the total budget would be $76,840.00 (i.e.,
$88,360.00 less $11,520.00).
Proposal for the Preparation of an ISIMND
Grading and Drainage Design Project— Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
IG]
EXHIBIT B 0
EXHIBIT B, PAYMENT FOR SERVICES
CIP 11503, Sun Ranch Storm Drainage, Initial Study
Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to
this agreement shall not exceed $88,360. This fee shall include all costs incurred by the
CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses
necessary to complete all work specified in the "Scope of Work' (Exhibit "A").
Section II. Contract Administration and Payment
A. Prepayment by Applicant: The CITY shall require that the applicant shall, upon execution of
this agreement, deposit with the CITY, the amount referenced in Section I. above.
B. Consultant Payment Schedule: The City agrees to make progress payments to the
CONSULTANT according to the following schedule and within thirty (30) days of the submission of
invoices for authorized work completed by the consultant:
1. Not more than ten percent (10%) monthly, up to a maximum of fifty percent
(50%) cumulative of the total contract amount, shall be paid during preparation of
the technical reports and the screencheck draft Initial Study.
2. Not more than seventy-five percent (75%) cumulative of the total contract
amount shall be paid at submission of the screencheck draft Initial Study.
3. Not more than ninety percent (90%) cumulative of the total contract amount
shall be paid at submission of the draft Initial Study and approval of the
document by the Environmental Administrator.
4. One -hundred percent (100%) cumulative of the total contract amount shall be
paid at issuance of an Negative Declaration (ND) or Mitigated Negative
Declaration (MND) or determination that the project requires preparation of an
environmental impact report.
Contract Amount
$88,360
Project Milestone
Maximum
Maximum
Percentage
Payment
During preparation of the technical reports and the
50%
$44,180
screencheck draft Initial Study.
Submission of the screencheck draft Initial Study.
75%
$66,270
Submission of the draft Initial Study and approval by the
90%
$79,524
Environmental Administrator.
Issuance of an Negative Declaration (ND) or Mitigated Negative
100%
$88,360
Declaration (MND) or determination that the project requires
preparation of an Environmental Impact Report (EIR).
617/2011
MEMORANDUM D1 5
TO: Dave Adams, Interim City Manager`
FROM: Grant Taylor, Development Services Director
SUBJECT: Consideration of a Professional Services Agreement with Keeton Kreitzer
Consulting for California Environmental Quality Act (CEQA) Documentation
and Resource Agency Permitting for the Sun Ranch Storm Drainage Project
(CIP No. 11503)
RECOMMENDATION
By motion, that City Council authorize the City Manager to execute a Professional Services
Agreement with Keeton Kreitzer Consulting for the Preparation of California Environmental
Quality Act (CEQA) Documents and Securing Resource Agency Permits for the Sun Ranch
Storm Drainage project (CIP 11503) for a not -to -exceed cost of $88,360.
SITUATION
As a provision of the settlement agreement dated December 15, 2010 and entered into
between the Martin E. and Marion E. Scalzo Family Trust and the City, the City agreed to
improve the existing earthen drainage located west of Del Obispo between the Scalzo
Family Trust property and the Sun Ranch neighborhood in accordance with the draft
conceptual plans prepared by Hall & Forman, Inc. (2007). Those plans provide for the
installation of about 1,500 linear feet of 48 -inch diameter storm drain pipe and all related
appurtenances including a service maintenance road, an adjacent surface drainage
channel and a series of low -retaining walls along both sides of the drainage gully.
The proposed drainage project is subject to review under the California Environmental
Quality Act (CEQA) and because the project occurs within an area which includes
previously delineated "jurisdictional wetlands," the City is required to retain an
environmental firm. The selected firm would both prepare the environmental
documentation including a comprehensive Initial Study which would lead to determination
including a potential Mitigated Negative Declaration (MND). The City will also need to
secure several permits from various Federal and State agencies including a Section 404
Permit from the U.S. Army Corps of Engineers (USAGE), a Section 1600/1601 Streambed
Alteration Agreement from the California Department of Fish & Game, and a Section 401
Clean Water Certification from the San Diego Regional Water Quality Control Board
(SDRWQCB).
The City received proposals for completing the environmental documentation and
permitting from two firms, the Chambers Group and Keeton Kreitzer Consulting. While both
Agenda Report • •
Page 2 June 7 2011
firms were well-qualified to complete this work, Keeton Kreitzer Consulting demonstrated
more detailed knowledge and experience regarding the Resource Agency permitting
process. Given the project timeline and the need to complete all permitting by the Summer
2012, staff deemed that permitting as an important critical path to allowing the project to
stay on schedule.
COMMISION/BOARD REVIEW, RECOMMENDATIONS
The proposed contract does not necessitate Commission review.
FINANCIAL CONSIDERATIONS
The necessary funds for the project have been included in the City's Fiscal Year 2011/2012
Capital Improvement Program (CIP) which allocated for CEQA documentation and
permitting which is more than sufficient to cover the contract cost.
NOTIFICATION
Keeton Kreitzer, Keeton Kreitzer Consulting
RECOMMENDATION
By motion, that City Council authorize the City Manager to execute a Professional Services
Agreement with Keeton Kreitzer Consulting for the Preparation of California Environmental
Quality Act (CEQA) Documents and Securing Resource Agency Permits for the Sun Ranch
Storm Drainage project (CIP 11503) for a not -to -exceed cost of $88,360.
Respectfully submitted, Prepared by:
Grant Taylor William A. Ramsey, AICP
Development Services Department Principal Planner
Attachment: Professional Services Agreement with Keeton Kreitzer Consulting and
Scope -of -Work (SOW).
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this _day
of June, 2011, by and between the San Juan Capistrano (hereinafter referred to as the
"City") and Keeton Kreitzer Consulting (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to conduct California Environmental Quality Act (CEQA) review and complete
Resource Agency permitting for Capital Improvement Program (CIP) 11503, Sun Ranch
Storm Drainage; 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 the Consultant shall consist of those tasks as
set forth in Exhibit "A," attached and incorporated herein by reference. To the extent that
there are any conflicts between the provisions described in Exhibit "A" and those provisions
contained within this Agreement, the provisions in this Agreement shall control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than June 31, 2012.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall not exceed $88,360
(eighty-eight thousand, three -hundred and sixty dollars and no cents) as set forth in Exhibit
"B," attached and incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
ATTACHMENT
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency'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 the 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 the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested 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/or Construction Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated the
work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of
all conditions there; and (3) it understands the facilities, difficulties and restrictions of the
work to be performed under this Agreement. Should Consultant discover any latent or
unknown conditions materially differing from those inherent in the work or as represented
by City, it shall immediately inform the City of this and shall not proceed with further work
under this Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
0 0
Section 9. Compliance with Law: E -Verify.
9.1. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
9.2. E -Verify.
If Consultant is not already enrolled in the U.S. Department of Homeland Security's
E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the
effective date of this Agreement to verify the employment authorization of new employees
assigned to perform work hereunder. Consultant shall verify employment authorization
within three days of hiring a new employee to perform work under this Agreement.
Information pertaining to the E -Verify program can be found at http://www.uscis.gov, or
access the registration page at https://e-verify.uscis.gov/enroll/. Consultant shall certify its
registration with E -Verify and provide its registration number within sixteen days of the
effective date of this Agreement. Failure to provide certification will result in withholding
payment until full compliance is demonstrated.
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 work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
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.
0 0
Section 13. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 14. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A- Class VII or
better.
14.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
14.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive Automobile Liability coverage, including owned, hired and non -
owned vehicles in an amount not less than one million dollars per occurrence
($1,000,000.00).
0
0 011
14.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
14.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insureds as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
14.5 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (10) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
14.6 Terms of Compensation.
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
14.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 15. Termination.
City shall have the right to terminate this Agreement without cause by giving thirty
(30) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (10) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (10) day cure period.
5
Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: William Ramsey, AICP, Principal Planner
To Consultant: Keeton Kreitzer Consulting
P. O. Box 3905
Tustin, CA 92781-3905
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.
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.
[SIGNATURE PAGE FOLLOWS]
1.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
ATTEST:
Maria Morris. Citv Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
CITY OF SAN JUAN CAPISTRANO
M
Dave Adams, City Manager
CONSULTANT
0
IIA
Keeton Kreitzer
Keeton Kreitzer Consulting
0 0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
GRADING AND DRAINAGE DESIGN PROJECT -BELLADONNA ESTATES
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/
MITIGATED NEGATIVE DECLARATION FOR THE
GRADING AND DRAINAGE DESIGN PROJECT - BELLADONNA ESTATES
SAN JUAN CAPISTRANO, CA
SCOPE OF SERVICES
WORKPROGRAM
A work program has been developed in response to the Request for Proposals (RFP) released by the City
of San Juan Capistrano to ensure that the environmental review process is carried out in accordance with
the California Environmental Quality Act (CEQA) and the City of San Juan Capistrano adopted CEQA
procedures. The environmental analysis undertaken for the project will address the potential effects of the
proposed project, which includes the implementation of new storm drain improvements and off-site
grading improvements within and existing City of San Juan Capistrano drainage easement located north
of Tentative Tract Map No. 16146 (Belladonna Estates).
The scope of services envisioned by Keeton Kreitzer Consulting (KKC) is responds to the City's request to
prepare an Initial Study (IS)/Mitigated Negative Declaration (MND) for the proposed project, including: (1)
the provision of competent, effective environmental analysis project management; (2) preparation of
technical studies and incorporation of existing and additional technical studies that have been (or will be)
prepared for the proposed project; (3) provision of permit processing, including Section 404 (U.S. Army
Corps of Engineers), Section 1602 (California Department of Fish & Game), and Section 401 (California
Regional Water Quality Control Board); (4) preparation of the environmental documentation (i.e., initial
study); (5) processing of the environmental documentation and public participation; (6) preparation of the
final environmental document; (7) attendance at public hearings; and (8) preparation and filing of CEQA
legal notices (i.e., NOI and NOD). These several objectives will be achieved through the completion of
several work tasks.
It is important to note, however, that upon completion of the initial study, the City's Environmental
Administrator (EA) will review the analysis and determine if the Information contained in the analysis
warrants additional environmental analysis in the form of a Draft Environmental Impact Report (DEIR). If
such a determination is made by the San Juan Capistrano EA (i.e., preparation of a DEIR), a revised
scope of work and budget will be prepared to address that potential conclusion. However, as indicated
above, the scope of work presented in this proposal encompasses the work necessary for the preparation
of an ND or MND and the subsequent environmental review process through project approval. Each of
the work tasks identified above has been identified and described below.
Task One — Project 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., proposed [Mitigated] Negative Declaration). Project coordination
will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation
Meeting as the first step in that process. That meeting will be held at the first available time after the
contract has been awarded and executed. Participants in the meeting will include representatives of the
City of San Juan Capistrano, KKC, and technical consultants (if determined necessary) in order to provide
direction in the planning and environmental review process for the proposed project. Topics of discussion
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project - Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
EXHIBIT A
0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
GRADING AND DRAINAGE DESIGN PROJECT -BELLADONNA ESTATES
will include the definition of the project description, identification of responsible agencies and sources of
information, and the project schedule.
In summary, this task will include the following sub -tasks:
Consultation and coordination of the proposed project and environmental document with
the City of San Juan Capistrano staff to ensure that City policies are incorporated into the
Draft environmental document,
Consultation and coordination of the proposed project and environmental document with
the jurisdictional resources agencies, including: U.S. Army Corps of Engineers, California
Department of Fish & Game, and California Regional Water Quality Control Board;
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures, and
Coordination with City staff and attendance at up to two (2) additional meetings with City
staff as indicated above.
Estimated Time Frame: As Required
Estimated Budget: $6,000.00
Task Two — Sub -Consultant Studies
The project engineer will be responsible for providing the following technical reports: (1)
hydraulic/hydrologic report; and (2) soils and geotechnical report. In addition, in order to adequately
evaluate project -related impacts, it will be necessary to undertake several technical studies, including
those for: (1) air quality; (2) noise; (3) cultural/paleontological resources; and (4) biological
resources/permitting. These technical and related studies, which will be conducted by the project team
members, are identified below:
Air Quality Analysis Giroux & Associates
Noise Analysis Giroux & Associates
Cultural/Paleontological Assessment BCR Consulting
Biological Mitigation Program Glenn Lukos Associates
The scopes of each of the subconsultant studies included in this scope of work are provided below:
Air Quality Analysis
Giroux & Associates will prepare a construction phase air quality analysis, which will quantify the
temporary air pollutant emissions associated with the proposed improvements. Specifically, the
air quality analysis will include the following:
Update the atmospheric environmental setting for the project area based on data
from the nearest SCAQMD AQMD air monitoring station in Mission Viejo.
Calculate temporary construction activity emissions using procedures identified in
the SCAQMD CEQA Air Quality Handbook.
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Pmyect— Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
L
0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDYWITIGATED NEGATIVE DECLARATION
GRADING AND DRAINAGE DESIGN PROJECT - BELLADONNA ESTATES
• Prepare a local significance threshold (LST) analysis for construction activity
emissions pursuant to the SCAQMD Guidelines.
• Verify the absence of any carbon monoxide "hot spots" in the project vicinity suing
a screening procedure based upon the CALINE4 computer model.
• Provide a discussion of project -related greenhouse gas (GHG) emissions based
on currently accepted thresholds of significance.
• Discuss project consistency with the South Coast Air Basin Air Quality
Management Plan in terms of land use planning consistency.
Identify any potentially applicable mitigation measures, particularly focused on
construction activities.
Noise Analysis
Giroux & Associates will also prepare a noise analysis, which will identify and describe potential
noise impacts associated with the proposed improvements. Specifically, the noise analysis will
include the following:
• Conduct on-site noise measurements and traffic observations to calibrate the
noise prediction model for site specific traffic speeds, truck mixes and day/night
vehicle mixes.
• Coordinate adoption of the appropriate significance threshold as a basis for any
subsequent significance findings.
• Identify all receivers that may be adversely affected by project implementation in
terms of construction/construction traffic noise.
• Evaluate the range of mitigation options to meet the 45 dB CNEL interior standard
if exterior facade levels cannot be reduced to 65 dB CNEL at any affected areas.
Cultural/Paleontological Assessment
BCR Consulting (BCR) will conduct a cultural/paleontological resources assessment in
accordance with City Council Policy 601 as prescribed in the RFP. This assessment will include
both a records search and site survey of the project area to determine the existence of any
cultural and/or paleontological resources. In addition, the cultural assessment will address
Section 106 requirements in the event an environmental assessment is required pursuant to the
U.S. Army Corps of Engineers Section 404 Individual Permit process. The work undertaken by
BCR will include a cultural resources records survey, which will be conducted through the South
Central Coastal Information Center (SCCIC) at California State University, Fullerton, the regional
clearinghouse for such records. Consultation with City staff and local groups, including
consultation with Native American representatives, if determined necessary, will also occur and
the results of such consultation will be included in the report. In addition, limited research will be
conducted into the land use history of the project area through the City's Inventory of Historic and
Cultural Landmarks, the San Juan Capistrano Historical Society, the City Library, and other
resources, archives and repositories as deemed appropriate. Upon completion of the research,
BCR will conduct a field survey of the project study area. The field survey will cover 100 percent of
the accessible project site and will be conducted by field personnel trained to recognize cultural
resources (prehistoric and historic archaeological and historic architecture). During the survey,
any previously unidentified resources will be recorded on California Department of Park and
Recreation (DPR) 523 forms. Recommendations will be provided for the treatment of those
resources.
Proposal for the Preparation of an I&MND
Grading and Drainage Design Project— Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
GRADING AND DRAINAGE DESIGN PROJECT - BELLADONNA ESTATES
BCR will request a paleontological overview/vertebrate paleontological records search from Dr.
Samuel McLeod of the Museum of Natural History. The overview will consist of a thorough review
of geological and paleontological maps and reports to reveal any known vertebrate fossil localities
or sensitivity within or adjacent to the project site. The results and recommendations will be
summarized in a letter report provided as an attachment to the cultural resources report.
Biological Assessment/Jurisdictional Delineation/Permit Processing
The scope of work undertaken by Glenn Lukos Associates (GLA) includes several tasks, including
the preparation of a jurisdictional delineation and related work associated with the Section 404,
Section 1602, and Section 401 permits, which will be processed through the resource agency
having jurisdiction. GLA has provided a "worst case" scope and budget to complete the work that
would be necessary to obtain approval of an Individual Permit (IP) pursuant to Section 404(b)(1)
of the Clean Water Act. The tasks associated with the work to be undertaken by GLA are
identified below.
Delineation of Site Federal and State Agency Jurisdiction
Preparation of Written Letter Report of Findings
• Formulation of Mitigation Plan
• Process Section 404 Authorization'
• Preparation of Streambed Alteration Notification
• Preparation of Request for 401 Water Quality Certification and/or Waste
Discharge Requirement (WDR)
• Coordination with U.S. Army Corps of Engineers, California Department of Fish
and Game, and California Regional Water Quality Control Board
In addition, GLA has also provided a scope and budget that would be undertaken in the event the
proposed project would qualify for a Nationwide Permit (NWP). This scope of work would include
most of the tasks identified above with the exception of the work associated with the IP (i.e.,
preparation of the alternatives analysis/EA, responses to public comments, and the USACOE
application, which would be replaced by the Preparation of a Waiver Request/PCN for the NWP.
Estimate Time Frame: 4 Weeks
Estimated Budget: $61,950.00
$ 2,500.00 (Air Quality/Climate Change)
$ 2,500.00 (Noise)
$ 3,120.00 (Cultural/Paleontological Assessment)
$53,830.00 (Biological Assessment/Jurisdiction Delineation/Permit Processing)
Task Three — Preliminary Initial Study/Mitigated Negative Declaration
KKC will be responsible for the preparation of the initial study for the Grading and Drainage Design project
proposed by the City of San Juan Capistrano. Based on a review of the State CEQA Guidelines, the
proposed project is neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA
review. In order to achieve the objective of preparing a Mitigated Negative Declaration, the initial study
'This task includes the preparation of an alternatives analysis/environmental assessment. However, if it is determined that the
project is eligible for a Nationwide Permit, the alternatives analysis/environmental assessment will not be required and these sub -
tasks and their associated costs would be eliminated.
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project— Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
0 0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
must necessarily be extensive and thorough. The initial study prepared by KKC will address each of the
following: (1) preparation of a thorough, comprehensive project description; (2) discussion of the existing
land uses and related plans and programs, including the San Juan Capistrano General Plan, SCAQMD Air
Quality Management Plan, etc., (3) a listing and description of the permits and/or approvals required for
project implementation; (4) a thorough analysis of the potential environmental impacts anticipated as a
result of the proposed project, including each environmental topic listed in the City's environmental
assessment form; and (5) a listing of the reference documents and technical studies utilized to evaluate
the proposed project.
As noted above, each of the topics identified on the City's environmental assessment form will be
analyzed to document the nature and extent of any potential environmental consequences (and the need
for mitigation). The determination of potentially significant impacts will be based on criteria established
either by the City of San Juan Capistrano, responsible agencies and/or resource agencies. The specific
purpose of the analysis will be to document the lack of adverse environmental impacts associated with the
proposed roadway widening project to support the environmental determination that no significant impacts
will occur as a result of project implementation. As required by the State CEQA Guidelines and the City of
San Juan Capistrano guidelines for implementation CEQA, where potentially significant impacts are
identified, mitigation measures will be prescribed that reduce the potentially significant impacts to a less
than significant level. The level of detailed presented in the environmental analysis conducted for the
proposed project will be commensurate with the level of detailed reflected in the Grading and Drainage
Design and related technical studies prepared for the proposed project.
The analysis conducted for the Grading and Drainage Design project will be thorough and will describe the
potential environmental consequences of implementing the proposed improvements. The analysis will
reflect the findings and recommendations of the environmental consultant as determined in the several
technical studies prepared for the project as well as related research and analysis conducted on the
project. Once completed, the Screencheck S/MND will be submitted to the City of San Juan Capistrano
for review and comment. Five (5) copies of the Screencheck IS and one (1) electronic copy of the
document in Microsoft Word format will be submitted to the City.
Estimated Time Frame: 6 Weeks (including 4 Weeks in Task 2)
Estimated Budget: $11,260.00
Task Four— Draft Initial Study/Mitigated Negative Declaration
KKC will revise the initial study based on the comments made by City staff and prepare the Revised
Screencheck IS/MND. Two (2) copies of the Revised Screencheck IS/MND will be resubmitted to the City
for final review and comment. If necessary, final revisions to the document will be incorporated as
directed by City staff and the Public Review Draft IS/MND will be prepared. Once completed, the Public
Review Draft document will be printed and distributed for a 30 -day public review and comment period as
required by the State CEQA Guidelines for projects that are subject to review by State agencies. A total of
twenty (20) copies of the Public Review Draft IS/MND will be printed. In addition, KKC will also create an
electronic copy of the document in Microsoft Word for submittal to the City. KKC will be responsible for
distributing the document to the State Clearinghouse and other recipients included on the distribution list
developed by KKC in cooperation with City staff. KKC will also be responsible for posting the Notice of
Intent to Prepare a Negative Declaration both at the Orange County Clerk -Recorder's Office and at the
City of San Juan Capistrano.
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project— Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
0 0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
Estimated Time Frame: 2 Weeks
Estimated Budget: $2,000.00
Task Five — Response to Public Comments/Mitigation Monitoring and Reporting Program
KKC, in cooperation with the San Juan Capistrano Planning and Public Works Departments staff, will
prepare written responses to all relevant 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 proposed Final Negative Declaration. In addition, KKC will also prepare the Mitigation
Monitoring and Reporting Program (MMRP) for the proposed project as required by Section 21086.6 of
CECA. The MMRP will identify each mitigation measure, the method of verification of the measure, the
timing for implementation of the measure, and the responsibility for implementing each mitigation
measure.
Estimated Time Frame: 1 Week
Estimated Budget: $2,920.00
Task Six — Public Hearings
If requested by the City, KKC will attend two (2) public hearings, including one (1) before the San Juan
Capistrano Planning Commission and one (1) before the City Council. The Principal/Project Manager will
attend the public hearing and will be responsible for making all presentations and responding to questions
raised during the public hearing. Should additional hearings be required, they will be charged at the
appropriate hourly rate.
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Task Seven — Preparation of Legal Notices
KKC will be responsible for preparing the requisite Notice of Intent (NOI), State Clearinghouse Notice of
Completion (NOC), legal notice for the public advertisement, and the Notice of Determination that must be
filed in the office of the Orange County Clerk -Recorder and with the State Clearinghouse. Once
completed, these forms will be submitted to the City for review. KKC will also be responsible for fling
these notices with the State Clearinghouse and Orange County Clerk -Recorder. It is important to note,
however, that the filing fees are not reflected in the estimated budget for miscellaneous expenses.
Although total budget includes the NOD filing fee that must be paid to the Orange County Clerk -Recorder
at the time the NOD is fled, it does not include the Department of Fish and Game filing fee, which must
also be paid to the Orange County Clerk -Recorder at when the NOD is filed, if it is determined that the
project is not exempt from the fee.
Estimated Time Frame: 1 Day
Estimated Budget: $320.00
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
0
0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
Task Eight - Approved IS/MND
Following approval of the proposed project, KKC will prepare the Approved IS/MND, which will reflect any
changes to the document resulting from responding to public comments and/or public testimony
presented during the public hearing process. When completed, KKC will provide the City will five (5)
copies of the Approved IS/MND as well as an electronic copy of the document in MicroSoft Word format
and one copy in Acrobat pdf format.
Estimated Time Frame: 2 Weeks
Estimated Budget: $460.00
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
0
0
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
II. PROJECT SCHEDULE
IS/MND Schedule
A project schedule has been developed to facilitate the 2 -year time frame stipulated in the Settlement
Agreement for completion of the drainage facility. The tentative schedule reflects the time frames that will
be necessary to undertake and complete the services outlined in this proposal for approval of the IS/MND
and project approval. The project schedule is presented below.
Tentative Project Schedule
Grading and Drainage Design - TTM 16146 (Belladonna Estates)
San Juan Capistrano, CA
Task Description
Estimated Time
1 Project Initiation/Coordination
As Required
2 Sub -Consultant Studies
4 Weeks
3 Screencheck IS/MND
6 Weeks
City Review
2 Weeks
4 Revisions/Draft MND
1 Week
City Review of the Revised Screencheck
IS/MND
1
Week
Draft IS/MND
1 Week
Public Review and Comment
4 Weeks
5 Response to Public Comments/MMRP
2 Weeks
6 Public Hearings
As Required
7 Filingof Legal Notices
1 Da
8 Approved IS/MND
1 Week
'Includes the 4 weeks in Task 1; however, if the hydrologic/hydraulic/water quality
reports and grading and preliminary geotechnical report from Hall & Foreman are
not receive two weeks prior to the anticipated completion of the Screencheck
IS/MND, the schedule may be revised to reflect the delay.
Permitting Schedule
Once the IS/MND and proposed project are approved, it is anticipated that permits from the U.S. Army
Corps of Engineers (Section 404 Permit), California Department of Fish & Game (Section 1602 Permit),
and California Regional Water Quality Control Board (Section 401 Certification) would be processed. A
definitive schedule cannot be determined at this time; however, based on the experience of GIA, it is
anticipated that permits could be obtained from the resource agencies having jurisdiction within six to nine
months from project approval.
Proposal for the Preparation of an /S/MND
Grading and Drainage Design Project - Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
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 $88,3660.00 ($76,840.00 if the project qualifies for a Section 404 Nationwide Permit). This
fee includes meetings and coordination, preparation of the environmental analysis contained in the initial
study, relevant technical studies, permit processing, preparation of necessary CEQA notices and printing
as indicated below, and attendance at a maximum of two (2) public hearings associated with the Initial
Study/ Negative Declaration. The estimated budget is presented below.
Budget Summary
Grading and Drainage Design - TTM 16146 (Belladonna Estates)
San Juan Capistrano, CA
Title
I Man -Hours
I Billing Rate
Estimated Bud et
Task One - Project Initiation/Coordination
Principal 401 $150.00/Hour $ 6,000.00
Task Two — Sub -Consultant Studies
Air Quality Anafysis
$ 2,500.00
Historic Resources Assessment
$ 2,500.00
Cultural/Paleontological Assessment
$ 3,120.00
Biological Mitigation Program
$53,830.00'
Sub -Total
$ 61,950.00
Task Three —Prelim Ina Initial Stud
Principal/Project Manager
8
$150.00/Hour
$ 1,200.00
Report Preparation
60
$115.00/Hour
$ 6,900.00
Research and Analysis
20
$ 90.00/Hour
$ 1,800.00
Graphics
12
$ 60.00/Hour
$ 720.00
Word Processing
16
$ 40.00/Hour
$ 640.00
Sub -Total
116
$ 11,260.00
Task Four - Draft Initial Study/ ative Declaration
Report Preparation
16
$115.00/Hour
$ 1,840.00
Word Processing
4
$ 40.00/Hour
$ 160.00
Sub -Total
20
$ 2,000.00
Task Five — Response to Public Comments/MMRP
Project Manager
24
$115.00/Hour
$ 2,760.00
Word Processing
4
$ 40.00/Hour
$ 160.00
Sub -Total
28
$ 2,920.002
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project - Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 2011)
PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA
Title
I Man -Hours
Billing Rate
Estimated Bud et
Task Six - Public Hearings
Principal 8 $150.00/Hour $ 1,200.00
Task Seven - Leal Notices
Word Processing8 $ 40.00/Hour $ 320.00
Task Eight - A roved IS/MND
Project Mana er 4 $115.00/Hour $ 460.00
Printing and Repro uction
Printing and Reproduction
$ 2,000.00
Postage
$ 200.00
Supplies
$ 50.00
Sub -Total
$ 2,250.00°
TOTAL NOT -TO -EXCEED FEE
224
$88,360.00
'Assumes the project requires an Individual Permit (i.e., "worst case"). In the event the project
Qualifies for a Nationwide Permit, this budget would be $42,310.00, resulting in a total budget
for Task 2 of $50,430.00.
ZAssumes a maximum of 50 individual comments.
3Fee includes attendance at two (2) public hearings. Attendance at additional hearings are not
included and would be billed on a time -and -materials basis at $150.00/hour.
°Estimated budget includes printing of five (5) copies of the Screencheck IS/MND, two (2)
copies of the Revised Screencheck IS/MND, twenty (20) copies of the Public Review Draft
IS/MND, twenty (20) disks with the Public Review Draft IS/MND in pdf format, and five (5)
copies of the Approved IS/MND as well as postage to distribute the IS/MND via certified mail
(return receipt). This budget does not include fees required for legal advertisement. Additional
budget may be required if printing and postage fees exceed the estimated budget. Such
additional fees would be the responsibility of the City of San Juan Capistrano.
5Total does not include filing fees, which are required at the time the Notice of Determination
is filed with the Orange County Clerk -Recorder.
61f the project qualifies for a Nationwide Permit, the total budget would be $76,840.00 (i.e.,
$88,360.00 less $11,520.00).
Proposal for the Preparation of an IS/MND
Grading and Drainage Design Project — Belladonna Estates
San Juan Capistrano, CA
April 25, 2011 (Revised May 26, 20111
10
EXHIBIT B, PAYMENT FOR SERVICES
CIP 11503, Sun Ranch Storm Drainage, Initial Study
Section I. Consultant Fee: The total lump sum compensation for all services performed pursuant to
this agreement shall not exceed $88,360. This fee shall include all costs incurred by the
CONSULTANT for salary and out-of-pocket expenses for travel and miscellaneous expenses
necessary to complete all work specified in the "Scope of Work" (Exhibit "A").
Section II. Contract Administration and Payment
A. Prepayment by Applicant: The CITY shall require that the applicant shall, upon execution of
this agreement, deposit with the CITY, the amount referenced in Section I. above.
B. Consultant Payment Schedule: The City agrees to make progress payments to the
CONSULTANT according to the following schedule and within thirty (30) days of the submission of
invoices for authorized work completed by the consultant:
1. Not more than ten percent (10%) monthly, up to a maximum of fifty percent
(50%) cumulative of the total contract amount, shall be paid during preparation of
the technical reports and the screencheck draft Initial Study.
2. Not more than seventy-five percent (75%) cumulative of the total contract
amount shall be paid at submission of the screencheck draft Initial Study.
3. Not more than ninety percent (90%) cumulative of the total contract amount
shall be paid at submission of the draft Initial Study and approval of the
document by the Environmental Administrator.
4. One -hundred percent (100%) cumulative of the total contract amount shall be
paid at issuance of an Negative Declaration (ND) or Mitigated Negative
Declaration (MND) or determination that the project requires preparation of an
environmental impact report.
Contract Amount
$88,360
Project Milestone
Maximum
Maximum
Percentage
Payment
During preparation of the technical reports and the
50%
$44,180
screencheck draft Initial Study.
Submission of the screencheck draft Initial Study.
75%
$66,270
Submission of the draft Initial Study and approval by the
90%
$79,524
Environmental Administrator.
Issuance of an Negative Declaration (ND) or Mitigated Negative
100%
$88,360
Declaration (MND) or determination that the project requires
preparation of an Environmental Impact Report (EIR).
EXHIBIT B
32400 PASEO ADELANTO
BAN JUAN CAPISTRANO, CA 9287$
(949)493.1171
(949) 493.1053 FAX
www sanjnancapairana.orl;
0 0
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
tAURAFREESE
THOMAS w. NPIBAN
MAN(MELOM
DR. LONDRES USO
The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, June 7, 2011,
in the City Council Chamber in City Hall, to consider: "Consideration of a Professional
Services Agreement with Keeton Kreitzer Consulting for California Environmental
Quality Act (CEQA) Documentation and Resource Agency Permitting for the Sun
Ranch Storm Drainage Project (CIP No. 11503)" — Item No. D15.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, June 6, 2011, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member William A. Ramsey,
AICP, Principal Planner. You may contact that staff member at (949) 443-6334 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
_www.sanivancaoistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cityclerk0san4uancapistrano.org.
Maria Morris, CMC
City Clerk
cc: Keeton Kreitzer, Keeton Kreitzer Consulting
San Juan Cafjistrano: Preserving the Post to Enhance the Future
E
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949)493.1171
(949) 493-1053 FAX
WWW san/uancapLstrano. o?V
TRANSMITTAL
TO:
Keeton Kreitzer Consulting
PO Box 3905
Tustin, CA 92761-3905
DATE: June 13, 2011
FROM: Christy Jakl, Deputy City Clerk (949) 443-6310
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
LAURA FREESE
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
RE: Personal Services Agreement — CEQA review for Sun Ranch Storm Drainage (CIP
11503)
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 William Ramsey, Principal
Planner at (949) 443-6334.
Enclosed is an original agreement for your records.
Cc: William Ramsey, Principal Planner
San Juan Capistrano: Preserving the Past to Enhance the Future
A
Today's Date: ✓ 1";,)1/ 11 •
• Transmittal Routing
(Check All That Apply)
City Attorney
City Manager
City Clerk
CONTRACT TRANSMITTAL
CIP No. (if any): 1( 601�
Project Manager's Last Name: � Phone Extension: &;�3f
Council or CRA Meeting Date (if applicable): lY l7 /1 (
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:
OTHER INSTRUCTIONS:
Form Date: 01-2004 D-7