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11-0719_KEETON KREITZER CONSULTING_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 19thday of July, 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 perform and prepare an initial study/ mitigated negative declaration under the direction of the City's Community Development - Planning Division for the San Juan Creek Road Widening Project, 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," which comprise of consultant proposal dated March 29, 2011, 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 in the Notice to Proceed and shall terminate, and all services required hereunder shall be completed, no later than December 21, 2012. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed thirty seven thousand nine hundred seven dollars ($37,907.00) total contract amount including expenses as set forth in Exhibit "A," 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 0 0 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 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 `a 0 0 under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E-Verifv. 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. 3 0 0 Section 12. Ownership of Documents. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. 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 4 0 0 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). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 5 0 0 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh, Public Works Director To Consultant: Keeton Kreitzer Consulting P.O. Box 3905 Tustin, CA 92781-3905 Attention: Keeton Kreitzer, Principal 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. 2 0 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JYAN CAPISTRANO By: Sam 4Ievato, Mayor CONSULTANT By: ATT S Maria o is, rity Clerk APPROVED AS TO FORM: UH[JArJv1'bAP Omar Sandoval, City Attorney 7 0 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION FOR THE SAN JUAN CREEK ROAD WIDENING PROJECT 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. As indicated in the Request for Proposal (RFP), the environmental analysis undertaken for the project will address the potential effects of the proposed project, which includes the following improvements: (1) construction of a sidewalk/bikeway on the northern side of San Juan Creek Road; (2) provision of dual northbound left -turn lanes on Valle Road into Westbound San Juan creek Road; and (3) widening of east side of Camino Capistrano to accommodate one additional lane (i.e., exclusive right -turn lane to eastbound San Juan Creek Road) between the 1-5 off -ramp to its intersection with San Juan Creek Road. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) is responds to the RFP dated February 11, 2011. The scope of work presented in this proposal outlines the work necessary to prepare an Initial Study (IS)/Mitigated Negative Declaration (MND), 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; and (3) preparation of the environmental documentation (i.e., initial study); (4) processing of the environmental documentation and public participation; (5) preparation of the final environmental document; (6) attendance at public hearings; and (7) 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). As indicated the RFP, if that 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 Proposal for the Preparation or an IS/MND San Juan Creek Road Widening Project - San Juan Capistrano, CA March 29, 2011 (Revised) 0 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA 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 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; 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: $2,400.00 Task Two — Sub -Consultant Studies The RFP indicated that the City will be responsible for providing the following technical reports: (1) traffic impact analysis; (2) hydraulicthydrologic report; and (3) soils and geotechnical report. In addition, in order to adequately evaluate project -related impacts, it will be necessary to undertake three (3) technical studies, including those for: (1) air quality; (2) noise; (3) visual simulations; and (4) cultural/paleontological resources. In addition, although the project site does not encompass sensitive biological habitat and/or resources, it is location near San Juan Creek, which does support sensitive species, including the least Bell's vireo and arroyo toad as well as other species that may be indirectly by the construction activities. Therefore, the environmental analysis will also include the preparation of a mitigation program (i.e., development of mitigation measures) to address the potentially significant indirect impacts to sensitive species. These technical and related studies, which will be conducted by the project team members, are identified below: Visual Simulations VisionScape Imagery, Inc. 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: Visual Simulations VisionScape Imagery, Inc. (VisionScape) will prepare three visual simulations based on a systematic and scientific approach, which will result in finished imagery that will be both highly accurate and objective. Following the data gathering phase, VisionScape, with the assistance of the environmental consultant and City of San Juan Capistrano staff, will select proposed camera locations and/or station points. Upon review and approval of camera locations, VisionScape will Proposal for the Preparation of an IS/MNO San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA coordinate the engineered site photography and schedule the initial site visit with City staff. This includes identification of reference points with GPS coordinates and specific fields of vision for each view. GPS and Camera Match Technology includes the use of a Trimble GeoXT (Sub - Meter) GPS device and a "Full Frame" digital camera for documenting coordinates at requested station points. Concurrently, the modeling team will develop an exact computer model of the proposed roadway improvements illustrating elevations, natural and finished grades including the existing and surrounding contextual elements such as streets, terrain, pads, and adjacent buildings which can be used as reference. Upon completion of the three-dimensional (3D) modeling phase, realistic materials, maps, and textures are then applied. The next phase of the process is assembly, during which modeling will be inserted into photographs taken from the site visit using a full frame camera and camera match technology. Three-dimensional pads are used to situate the project element to the proposed positions as shown on the CAD grading plan and the sum is rendered. During this process, a computer model camera is aligned with the on-site photography to depict the project setting within the view. Lastly, the proposed landscape concept, if available, is applied, and final artistic touches are made to ensure that the accuracy, as well as the look and feel, is consistent with the vision of the project. 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. 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. Develop the future design noise level at any noise sensitive receivers along San Juan Creek Road based upon the roadway ADT buildout forecast. Proposal for the Preparation of an IS/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 0 9 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA Identify all receivers that may be adversely affected by project implementation in terms of 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. 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). The field crew will walk parallel transects 10-15 meters within the proposed alignment of the San Juan Creek Road Widening Project. 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. 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. Bat Assessment/Biological Mitigation Program As indicated above, the project area is located in the vicinity of San Juan Creek, which is known to support several sensitive wildlife species, including the least Bell's vireo and arroyo toad, among others. In addition, it is possible that bats may also inhabittroost under the existing 1-5 Bridge over San Juan Creek Road. Although no sensitive habitat is known to inhabit the area encompassing the roadway widening and no significant direct impacts to any sensitive species would be anticipated, it is possible that construction activities associated with the widening of San Juan Creek Road could adversely affect one or more of the sensitive species that may inhabit San Juan Creek as well as bats that inhabit the existing bridge. Therefore, the firm of Glenn Lukos Associates (GLA) will review the construction activities that will be undertaken by the City and determine the nature and extent of potentially significant effects on sensitive species, including bats. The work undertaken by GLA will include the identification of potential direct and/or indirect effects and the identification of mitigation that would be required to ensure that potential indirect impacts (e.g., noise, dust, etc.) to sensitive species and potential direct impacts to bats are reduced to a less than significant level. GLA will prepare a mitigation program that identifies the need for pre -construction surveys, if determined necessary, as well as other measures that must be implemented to ensure that potentially significant indirect and direct impacts to biological Proposal for the Preparation of an ISrMND San Juan Creek Road W/dening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 0 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA resources are either avoided or are reduced to a less than significant level. It should be understood that this task does not include any surveys. Estimate Time Frame: 4 Weeks Estimated Budget: $17,877.00 $ 6,600.00 (Visual Simulations) $ 2,000.00 (Air Quality) $ 2,000.00 (Noise) $ 2,652.00 (Cultural/Paleontological Assessment) $ 4,625.00 (Biological Mitigation Program) Task Three — Preliminary Initial Studv/Mitigated Neqative Declaration KKC will be responsible for the preparation of the initial study for the San Juan Creek Road Widening 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 must necessarily be extensive and thorough. The initial study prepared by KKC will address each of the items identified in Section III of the RFP, including 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, OCTA Master Plan of Street & Highways, 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 Preliminary Roadway Design provided by the City of San Juan Capistrano. The analysis conducted for the San Juan Creek Road Widening 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. As requested in the RFP, two (2) 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: $9,880.00 Proposal for the Preparation of an IS/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA 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 ISIMND 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. 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: $2,000.00 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 Proposal for the Preparation of an ISIMND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 0 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA 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 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: $230.00 Proposal for the Preparation of an ISrMNo San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 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 A project schedule has been developed in accordance with the schedule stipulated in the City's RFP and is presented below that reflects the time frames that will be necessary to undertake and complete the services outlined in this proposal. The project schedule is presented below. Project Schedule San Juan Creek Road Widening Project 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 Filing of Legal Notices 1 Da 8 Approved IS/MND 2 Weeks Proposal for the Preparation of an IVMND San Juan Creek Road Widening Project - San Juan Capistrano, CA March 29, 2011 (Revised) 11 • 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 $37,907.00. This fee includes meetings and coordination, preparation of the environmental analysis contained in the initial study, 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 San Juan Creek Road Widening Project San Juan Capistrano, CA Title I Man -Hours I Billing Rate Estimated Budget Task One - Pro'ect Initiation/Coordination Principal 1 16 1 $150.00/Hour $ 2,400.00 Task Two — Sub -Consultant Studies Air Quality Analysis $ 2,000.00 Historic Resources Assessment $ 2,000.00 Visual Simulations $ 6,600.00' Cultural/Paleontological Assessment $ 2,652.00 Biological Mitigation Program $ 4,625.002 Sub -Total $ 17,877.00 Task Three — Prelimina Initial Stud Principal/Project Manager 8 $150.00/Hour $ 1,200.00 Report Preparation 48 $115.00/Hour $ 5,520.00 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 104 $ 9,880,00 Task Four - Draft Initial Stud /Ne 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 — Res 3onse to Public Comments/MMRP Project Manager 16 $115.00/Hour $ 1,840.00 Word Processing 4 $ 40.00/Hour $ 160.00 Sub -Total 20 $ 2,000.00 Proposal for the Preparation of an IS/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 0 0 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 I Billing RateEstimated Bud et Task Six - Public Hearin s Principal 8 $150.00/Hour T1,200 00 Task Seven - Le al Notices Word Processing 8 1 $ 40.00/Hour $ 320.00 Task Eight - A roved ISIMND Pro ect Mana er 2 $115.00/1 -lour $ 230.00 Printing and Repro uction Printing and Reproduction $ 1,750.00 Postage $ 200.00 Supplies $ 50.00 Sub -Total $ 2,000.00" TOTAL NOT -TO -EXCEED FEE 178 $37,907.00 'Fee includes preparation of three (3) visual simulations. Additional simulations, if determined necessary by the City, would be charged at a rate of $2,200.00 for each additional simulation. 2The Bat Survey/Biological Mitigation Program does not include any field surveys; rather, this Task includes a bat impact assessment and assumes sensitive species presence due to the project's location. 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. 4Estimated budget includes printing of two (2) copies of the Screencheck ISIMND, 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. Proposal /or the Preparation o/ an IVMND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 10 7/19/2011 AGENDA REPORT ,� T D10 TO: Karen P. Brust, City FROM: Nasser Abbaszadeh, Public' Works Director SUBJECT: Consideration of Award of Contract — Environmental Study for San Juan Creek Road Widening Project (CIP No. 07117) (Keeton Kreitzer Consulting) RECOMMENDATION: By motion, approve a Personal Services Agreement with Keeton Kreitzer Consulting for preparation of an Initial Study/Mitigated Negative Declaration for San Juan Creek Road Widening Project for a Total Amount of $37,907.00. Background The San Juan Creek Road Widening project will increase the number of travel lanes from four to six under the 1-5 freeway undercrossing and its limits are between Valle Road and Camino Capistrano undercrossing the 1-5 Freeway. The project is in the preliminary design phase and the final design phase is pending environmental study. Construction of the project is anticipated to start in fiscal year 2012-2013. A copy of the approved project concept is attached. The City has received five proposals in response to our request for proposals for preparation of an Initial Study/Mitigated Negative Declaration (IS/MND) for San Juan Creek Road Widening Project. Staff reviewed all the proposals with respect to City Council Policy 112, Consultant Selection Guidelines with particular emphasis on the following criteria: Training, experience, and demonstrated ability of the designated individual, who will be the project manager. Training and experience of support staff. Ability to deliver the required work to meet the project schedule. Upon review, the proposals were ranked in the following order with Keeton Kreitzer Consulting having submitted the proposal which best met the City's criteria for consultant selection. Mr. Kreitzer has over 35 years of experience preparing CEQA documents and has a proven track record of completing such documents on -schedule and within budget. Moreover, Mr. Kreitzer's CEQA documents are comprehensive, well-written, supported by excellent technical analysis, and exceed the standards established by the California Environmental Quality Act (CEQA) Guidelines (proposal costs are also indicated): 1. Keeton Kreitzer Consulting, $37,907.00 2. BonTerra Consulting, $67,560.00 3. UltraSystems Environmental Inc., $80,838.00 Agenda Report • July 19, 2011 Page 2 4. Chambers Group, Inc., $84,820.00, and 5. LSA Associates, Inc., $95,040.00 Staff recommends the City Council select Keeton Kreitzer Consulting for preparation of an Initial Study for the San Juan Creek Road Widening Project. Should the project qualify for a Mitigated Negative Declaration (MND), Mr. Kreitzer's contract calls for preparing and posting the Mitigated Negative Declaration (MND) and the Notice of Determination (NOD) following final action on the project plans by the City Council. Project Description At the September 16, 2003 meeting, City Council adopted the Traffic Congestion Relief Capital Improvement Program (TCRP) from the Traffic Congestion Relief Ad -Hoc Committee that comprised of City Council members and Executive Staff. The TCRP identifies a wide range of circulation improvements throughout the City and includes the widening of San Juan Creek Road between Valle Road and Camino Capistrano at the existing 1-5 Freeway undercrossing. At the February 20, 2007 meeting, City Council approved the ultimate widening concept (Option "C") for the San Juan Creek Road undercrossing the 1-5 Freeway, from Valle Road to Camino Capistrano (please see attachment 2). City has met with Caltrans to discuss the appropriate programming document needed and to establish the level of benefit of the proposed project. Caltrans has determined that the encroachment permit process is appropriate for the project. At the May 19, 2009 meeting, City Council approved Personal Services Agreements for $359,041 to VA Consulting and for $10,500 to Ridge Landscape Architects to prepare Plans, Specification, and Cost Estimates (PS&E) for the San Juan Creek Road Widening Project from Valle Road to Camino Capistrano. Proo*ect Timeline • Environmental Process - • Final Design - • R/W Acquisition - • Caltrans Permit Process - From August 2011 From January 2012 From March 2012 From May 2012 to January 2012 to August 2012 to August 2012 to August 2012 • Project Bid Process - From September 2012 to November 2012 • Construction - From February 2013 to August 2013 COMMISSION/BOARD REVIEW AND RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS The 2009-2010 City CIP Budget had budgeted $354,061.82 for the San Juan Creek Road Widening Project (CIP 07117). Available budget of $122,320.69 is rolled over into FY 2011-2012. The cost to perform and prepare the environmental study is $37,907.00. Agenda Report • • July 19, 2011 Page 3 Sufficient funds for the project are already programmed in the City's seven year Capital Improvement Program. NOTIFICATION Keeton Kreitzer Consulting, BonTerra Consulting, UltraSystems Environmental Inc., Chambers Group, Inc., and LSA Associates, Inc. By motion, approve a Personal Services Agreement with Keeton Kreitzer Consulting for preparation of an Initial Study/Mitigated Negative Declaration for San Juan Creek Road Widening Project for a Total Amount of $37,907.00. Respectfully submitted, Nasser Abbaszadeh, PE Public Works Director Attachments: 1. Personal Services Agreement 2. Project Concept Plan Prepared by, Maryam F. Ramsey Associate Engineer 0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this 19thday of July, 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 perform and prepare an initial study/ mitigated negative declaration under the direction of the City's Community Development - Planning Division for the San Juan Creek Road Widening Project, 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," which comprise of consultant proposal dated March 29, 2011, 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 in the Notice to Proceed and shall terminate, and all services required hereunder shall be completed, no later than December 21, 2012. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed thirty seven thousand nine hundred seven dollars ($37,907.00) total contract amount including expenses as set forth in Exhibit "A," 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 ATTACHMENT 0 0 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 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 2 i 0 under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: 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 hftl)://www.uscis.gov, or access the registration page at his://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. 0 0 Section 12. Ownership of Documents. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. 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 CI 0 0 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). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 5 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh, Public Works Director To Consultant: Keeton Kreitzer Consulting P.O. Box 3905 Tustin. CA 92781-3905 Attention: Keeton Kreitzer, Principal 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. 0 0 0 Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS'). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APP//R���OVED AS TO FORM: o Omar Sandoval, City Attorney CITY OF SAN JUAN CAPISTRANO Karen P. Brust, City Manager CONSULTANT 0 7 0 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION FOR THE SAN JUAN CREEK ROAD WIDENING PROJECT 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. As indicated in the Request for Proposal (RFP), the environmental analysis undertaken for the project will address the potential effects of the proposed project, which includes the following improvements: (1) construction of a sidewalk/bikeway on the northern side of San Juan Creek Road; (2) provision of dual northbound left -turn lanes on Valle Road into Westbound San Juan creek Road; and (3) widening of east side of Camino Capistrano to accommodate one additional lane (i.e., exclusive right -turn lane to eastbound San Juan Creek Road) between the 1-5 off -ramp to its intersection with San Juan Creek Road. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) is responds to the RFP dated February 11, 2011. The scope of work presented in this proposal outlines the work necessary to prepare an Initial Study (IS)/Mitigated Negative Declaration (MND), 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; and (3) preparation of the environmental documentation (i.e., initial study); (4) processing of the environmental documentation and public participation; (5) preparation of the final environmental document; (6) attendance at public hearings; and (7) 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). As indicated the RFP, if that 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 Proposal for the Preparation of an IS/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) Exhibit A 0 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA 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 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; 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: $2,400.00 Task Two — Sub -Consultant Studies The RFP indicated that the City will be responsible for providing the following technical reports: (1) traffic impact analysis, (2) hydraulic/hydrologic report; and (3) soils and geotechnical report. In addition, in order to adequately evaluate project -related impacts, it will be necessary to undertake three (3) technical studies, including those for: (1) air quality; (2) noise, (3) visual simulations; and (4) culturallpaleontological resources. In addition, although the project site does not encompass sensitive biological habitat and/or resources, it is location near San Juan Creek, which does support sensitive species, including the least Bell's vireo and arroyo toad as well as other species that may be indirectly by the construction activities. Therefore, the environmental analysis will also include the preparation of a mitigation program (i.e., development of mitigation measures) to address the potentially significant indirect impacts to sensitive species. These technical and related studies, which will be conducted by the project team members, are identified below: Visual Simulations VisionScape Imagery, Inc. 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: Visual Simulations VisionScape Imagery, Inc. (VisionScape) will prepare three visual simulations based on a systematic and scientific approach, which will result in finished imagery that will be both highly accurate and objective. Following the data gathering phase, VisionScape, with the assistance of the environmental consultant and City of San Juan Capistrano staff, will select proposed camera locations and/or station points. Upon review and approval of camera locations, VisionScape will Proposal for the Preparation of an ISrMNO San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA coordinate the engineered site photography and schedule the initial site visit with City staff. This includes identification of reference points with GPS coordinates and specific fields of vision for each view. GPS and Camera Match Technology includes the use of a Trimble GeoXT (Sub - Meter) GPS device and a "Full Frame" digital camera for documenting coordinates at requested station points. Concurrently, the modeling team will develop an exact computer model of the proposed roadway improvements illustrating elevations, natural and finished grades including the existing and surrounding contextual elements such as streets, terrain, pads, and adjacent buildings which can be used as reference. Upon completion of the three-dimensional (3D) modeling phase, realistic materials, maps, and textures are then applied. The next phase of the process is assembly, during which modeling will be inserted into photographs taken from the site visit using a full frame camera and camera match technology. Three-dimensional pads are used to situate the project element to the proposed positions as shown on the CAD grading plan and the sum is rendered. During this process, a computer model camera is aligned with the on-site photography to depict the project setting within the view. Lastly, the proposed landscape concept, if available, is applied, and final artistic touches are made to ensure that the accuracy, as well as the look and feel, is consistent with the vision of the project. 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. 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. Develop the future design noise level at any noise sensitive receivers along San Juan Creek Road based upon the roadway ADT buildout forecast. Proposal for the Preparation of an IS/MND San Juan Creek Road tMdening Project— San Juan Capistrano, CA March 29, 2011 (Revised) 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA Identify all receivers that may be adversely affected by project implementation in terms of 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. 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). The field crew will walk parallel transects 10-15 meters within the proposed alignment of the San Juan Creek Road Widening Project. 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. 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. Bat Assessment/Biological Mitigation Program As indicated above, the project area is located in the vicinity of San Juan Creek, which is known to support several sensitive wildlife species, including the least .Bell's vireo and arroyo toad, among others. In addition, it is possible that bats may also inhabittroost under the existing 1-5 Bridge over San Juan Creek Road. Although no sensitive habitat is known to inhabit the area encompassing the roadway widening and no significant direct impacts to any sensitive species would be anticipated, it is possible that construction activities associated with the widening of San Juan Creek Road could adversely affect one or more of the sensitive species that may inhabit San Juan Creek as well as bats that inhabit the existing bridge. Therefore, the firm of Glenn Lukos Associates (GLA) will review the construction activities that will be undertaken by the City and determine the nature and extent of potentially significant effects on sensitive species, including bats. The work undertaken by GLA will include the identification of potential direct and/or indirect effects and the identification of mitigation that would be required to ensure that potential indirect impacts (e.g., noise, dust, etc.) to sensitive species and potential direct impacts to bats are reduced to a less than significant level. GLA will prepare a mitigation program that identifies the need for pre -construction surveys, if determined necessary, as well as other measures that must be implemented to ensure that potentially significant indirect and direct impacts to biological Proposal for the Preparation of an IS/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA resources are either avoided or are reduced to a less than significant level. It should be understood that this task does not include any surveys. Estimate Time Frame: 4 Weeks Estimated Budget: $17,877.00 $ 6,600.00 (Visual Simulations) $ 2,000.00 (Air Quality) $ 2,000.00 (Noise) $ 2,652.00 (Cultural/Paleontological Assessment) $ 4,625.00 (Biological Mitigation Program) Task Three — Preliminary Initial Studv/Mitigated Negative Declaration KKC will be responsible for the preparation of the initial study for the San Juan Creek Road Widening 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 must necessarily be extensive and thorough. The initial study prepared by KKC will address each of the items identified in Section III of the RFP, including 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, OCTA Master Plan of Street & Highways, 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 Preliminary Roadway Design provided by the City of San Juan Capistrano. The analysis conducted for the San Juan Creek Road Widening 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. As requested in the RFP, two (2) 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: $9,880.00 Proposal for the Preparation of an /S/MND San Juan Creek Road Widening Project - San Juan Capistrano, CA March 29, 2011 (Revised) 0 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA 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. 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: $2,000.00 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 Proposal for the Preparation of an IS/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 0 0 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION SAN JUAN CREEK ROAD WIDENING PROJECT - SAN JUAN CAPISTRANO, CA 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 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: $230.00 Proposal for the Preparation of an /S/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 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 A project schedule has been developed in accordance with the schedule stipulated in the City's RFP and is presented below that reflects the time frames that will be necessary to undertake and complete the services outlined in this proposal. The project schedule is presented below. Project Schedule San Juan Creek Road Widening Project San Juan Capistrano, CA Task Description Estimated Time 1 Pr ject 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 Week 1 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 Filin of Legal Notices 1 Da 8 A roved IS/MND 2 Weeks Proposal for the Preparation of an 1S/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) P 171 PROPOSAL FOR THE PREPARATION OF AN INITIAL STUDYIMITIGATED 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 $37,907.00. This fee includes meetings and coordination, preparation of the environmental analysis contained in the initial study, 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 San Juan Creek Road Widening Project San Juan Capistrano, CA Title Man -Hours Billin Rate Estimated Bud et Task One - Project Initiation/Coordination 1 16 1 $150.00/Hour $ 2,400.00 -Principal Task Two — Sub -Consultant Studies Air Quality Analysis $ 2,000.00 Historic Resources Assessment $ 2,000.00 Visual Simulations $ 6,600.00' Cultural/Paleontological Assessment $ 2,652.00 Biological Mitigation Program $ 4,625.002 Sub -Total $ 17,877.00 Task Three — Prelimina Initial Stud Principal/Project Manager 8 $150.00/Hour $ 1,200.00 Report Preparation 48 $115.00/Hour $ 5,520.00 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 104 $ 9,880.00 Task Four - Draft Initial Stud /Ne 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 CommentslMMRP Project Manager 16 $115.00/Hour $ 1,840.00 Word Processing 4 $ 40.00/Hour $ 160.00 Sub -Total 20 $ 2,000.00 Proposal for the Preparation of an IS/MND San Juan Creek Road Widening Project — San Juan Capistrano, CA March 29, 2011 (Revised) 0 0 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 Budget Task Six - Public Hearin s Princi al 8 $150.00/Hour $ 1,200.00 Task Seven - Legal Notices Word Processing 8 1 $ 40.00/1 -lour $ 320.00 Task Ei ht - Approved IS/MND Project Manager 1 2 $115.00/Hour $ 230.00 Printing and Repro uction Printing and Reproduction $ 1,750.00 Postage $ 200.00 Supplies $ 50.00 Sub -Total $ 2,000.00" TOTAL NOT -TO -EXCEED FEE 178 $37,907.00 'Fee includes preparation of three (3) visual simulations. Additional simulations, if determined necessary by the City, would be charged at a rate of $2,200.00 for each additional simulation. 2The Bat Survey/Biological Mitigation Program does not include any field surveys; rather, this Task includes a bat impact assessment and assumes sensitive species presence due to the project's location. 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 two (2) 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. 'Total does not include filing fees, which are required at the time the Notice of Determination is filed with the Orange County Clerk -Recorder. Proposal for the Preparation of an IS/MND San Juan Creek Road Widening Projecl — San Juan Capistrano, CA March 29, 2011 (Revised) 10 i m C2 a a -z m . � a v a iia I \ C2 a a -z m . � r� 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 499-1053 FAX www Sanf uanca pistrano. org 0 MEMBERS OF THE CRY COUNCIL SAM ALLEVATO LAURA FREESE LARRY KRAMER DEREK REEVE JOHN TAYLOR NOTIFICATION OF MEETING OF POTENTIAL INTEREST OF THE SAN JUAN CAPISTRANO CITY COUNCIL The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, July 19, 2011, in the City Council Chamber in City Hall, to consider: "Consideration of Award of Contract - Environmental Study for San Juan Creek Road Widening Project (CIP No. 07117) (Keeton Kreitzer Consulting)" — Item No. D10. If you have specific thoughts or concerns regarding this item, you are encouraged to participate in this decision making process. You can communicate with the City Council through correspondence addressed to the Council and/or by attending the meeting and speaking to the Council during the public meeting. Correspondence related to this item must be received at the City Clerk's office by 12:00 p.m. on Tuesday, July 18, 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 Maryam F. Ramsey, Associate Engineer. You may contact that staff member at (949) 443-6366 with any questions. The agenda, including agenda reports, is available to you on our web site: www.sanivancapistrano.org. If you would like to subscribe to receive a notice when agendas are posted to the web site, please make that request by sending an e-mail to: cityclerk aesanjuancapistrano.or.g. Maria Morris, CMC City Clerk cc: Keeton Kreitzer Consulting; BonTerra Consulting; UltraSystems Environmental Inc.; Chambers Group, Inc.; and LSA Associates, Inc. San .Tuan Capistrono: Preserving the Pus/ to Enhance the Future Today's Date:�(%`L I • • Transmittal Routing ` (Check All That Apply) City Attorney City Manager ❑ City Clerk CIP No. (if any): 0`l 111 CONTRACT TRANSMITTAL Project Manager's Last Name: Council or CRA Meeting Date (if applicable):ileo APPROVING AUTHORITY: (Check Mayor 4`r CRA Chair }` City Maner Phone Extension: 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: (Not necessary if information is included in the contract) Names Street ity St Zi OTHER INSTRUCTIONS: 9�Y� Tyzt"�?t�w a vid -0 UvLouist . • 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 4931171 (949) 4931053 FAx www. sanivancapistrano. org TRANSMITTAL TO: I HWOIIIII • Is,ImRu 1961 1776 Keeton Kreitzer Consluting Attention: Keeton Kreitzer, Principal PO Box 3905 Tustin, CA 92781-3905 MEMBERS OF THE CITY COUNCIL SAM ALLEVATO LAURAFREESE LARRYKRAMER DEREK REEVE JOHN TAYLOR DATE: July 22, 2011 FROM: Christy Jakl, Deputy City Clerk (949) 443-6310 RE: Personal Services Agreement — Study/Mitigated Negative Declaration for San Juan Creek Road Widening Project 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. An original agreement is enclosed for your records. Cc: William Ramsey, Principal Planner San Juan Capistrano: Preserving the Past to Enhance the Future