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13-0423_ED ALMANZA AND ASSOCIATES_Personal Services AgreementTHIS AGREEMENT is made, entered into, and shall become effective this 23riday of April, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Ed Almanza and Associates, (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare plans and specifications for the San Juan Creek Road Recycled Water Pipeline 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, attached and incorporated herin by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 8 months after the notice to proceed. Section 3. Compensation. 3.1 Amount. Total compensation for the services shall not exceed $37,100, 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 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 S. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. 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 3 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 cant', 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. r Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 4 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 insured 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. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. Following the City's issuance of the Notice to Proceed, the foregoing insurance provisions shall be deemed satisfied for the balance of the term of this Agreement unless the city receives notice pursuant to Section 14.6 that the specified insurance coverage is either expiring and not being renewed by the Consultant, or is being terminated due to Consultant's failure to pay a premium. 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 5 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: Keith Van Der Maaten To Consultant: Ed Almanza and Associates P.O. Box 9396 Laguna Beach, CA 92652 Attn: Ed Almanza Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY0 S !JUAN ,APISTRANO By: _ \ Jo n Taylor, Mayor ED ALMANZA AND ASSOCIATES By C , Ed Almanza, Principal i ATT S Mari is, City Cl rk APPROVED AST ORM: Hans Van Ligten, AfteMey SAN JUAN CREEK RECYCLED WATER PIPELINE INITIAL STUDY PROPOSED SCOPE OF SER VICES INTRODUCTION This proposal presents a scope of services to conduct preliminary CEQA analysis to address potential environmental effects of constructing a 12 -inch recycled water main within the San Juan Capistrano Riding Park (Blenheim Equestrian Center), at the Parcel 7 site in northeast San Juan Capistrano. The principal product of this scope of work is an Initial Study in compliance with CEQA, and conforming to the City's standard format that would provide the basis for the City's CEQA determination that the project qualifies for a Negative Declaration, a Mitigated Negative Declaration, an EIR Addendum, or a Supplemental Environmental Impact Report. This scope also includes tasks and methods associated with a potential determination that the project qualifies for a Mitigated Negative Declaration (MND). However, the CEQA determination will ultimately be based on the analysis and findings of the Initial Study. The environmental assessment outlined in this proposal is designed to resolve environmental issues and provide mitigation for all potentially significant impacts. To this end, this scope of work assumes close collaboration with City Development Services Department staff through all stages of the environmental review process. I. CONTENT AND SCOPE OF INITIAL STUDY This scope of work is designed to provide an Initial Study that achieves the following: (1) Identifies potential environmental impacts of constructing the proposed pipeline and of its long-term operation; (2) . Identifies feasible mitigation measures and/or modifications to the project or its design that might be warranted to avoid significant impacts; (3) Provides the basis for the City's determination of subsequent stages in the CEQA process (i.e., Negative Declaration, Mitigated Negative Declaration, EIR Addendum, or Supplemental Environmental Impact Report). If, as a result of our analysis, the Initial Study finds that the project will result in no significant impacts, we will prepare a Negative Declaration. If the analysis finds that feasible mitigation measures identified by the Initial Study will reduce all project impacts to a level below significant, we will prepare a Mitigated Negative Declaration and companion Mitigation Monitoring Reporting Program. If reduction of significant adverse impacts below a level of significance cannot be achieved, we will identify critical issues and the scope of any further analysis that may be necessary to fully resolve outstanding environmental issues. Exhibt A The document's format will be based on the City's standard Initial Study form (Environmental Checklist), with supplementary text, graphics and technical information that clearly support and elucidate the methods of assessment and findings. The Initial Study's impacts evaluation will be based on the City's adopted Thresholds of Significance, or where the City has not established specific thresholds, those established by Final EIR 589, The Ranch Plan. In all cases, the study will explicitly state the basis of its findings with appropriate supporting data. Impacts will be identified as "less than significant", "significant" or "cumulatively significant". Mitigation measures will be accompanied by a statement of the level of mitigation achieved upon implementation. The Initial Study will include the following sections and other information as required by the City's standard Initial Study format and these sections shall be supplemented as needed with appropriate maps, figures, and tables to support the Initial Study's analysis: Introduction The document will begin with a brief In section describing the nature of the Initial Study, its role in the CEQA process, the City's obligations under CEQA, and the Initial Study process. The Introduction will identify the components of the Initial Study, and generally assist the reader in understanding how the document's components function together to fulfill this first step in the project's CEQA process. Project Description The Initial Study will provide a thorough Project Description that describes the Blenheim Facility along with the current land use and conditions at the site and, in the immediate surroundings. The site will be depicted in a precise map at a local scale, illustrating its relationship to adjacent roads and existing land uses in the vicinity. Other maps will show the site's location relative to the City's boundaries and the regional setting. The Project Description section will identify the proposed alignment and dimensions of the pipeline as well as staging areas and proposed construction methods. The document will also I dentify the project's purpose and context relative to local water consumption, particularly the use of recycled water in San Juan Capistrano, and the project's implications for overall water consumption in the city. Surrounding Land Use & Project Setting Within this section, the Initial Study will identify the site's environmental setting and context. The assessment will describe present uses at the site, along with the present and future proposed land uses of neighboring properties. It will identify the site's zoning, its General Plan designation and its relationship to other relevant local and regional plans. Special attention will be given to any relevant conditions imposed by the Purchase and Sale Agreement entered into by the City and Rancho Mission Viejo that might constrain land use at the site, in terns of either type of land uses or their siting within the parcel. The environmental assessment will also enumerate the several conditions related to the Sensitive Resource Area on and adjacent to the 2 Exhibt A site and other relevant conditions established through previous approvals (Southern Orange County Subregion Habitat Conservation Plan (HCP), Implementation Agreement, Special Area Management Plan (SAMP), Open Space Agreement, Master Streambed Alteration Agreement, and other germane plans, policies, regulations and conditions of approval) that govern land use at the site. This section of the Initial Study will perform a function analogous to the Affected Environment (or Existing Conditions) section of an EIR. In a generalized way it will touch upon those site conditions and resources that will later be highlighted in more detail as individual potential impacts are discussed in the Environmental Evaluation section (see below). In doing so, it will identify significant environmental issues, providing the foundation for the document's subsequent assessment of impacts. Other Required Agency Approvals The Initial Study will identify any approvals required of agencies other than the City to implement the project (County, State, Federal or special Districts). This section will provide further context to the project and its resources, as well as identify any future actions of other agencies and their relationship to this CEQA document as responsible or permitting agencies. It is also important to identify required permit approvals because of their potential value as mitigation measures and/or conditions of approval. The document will therefore list all agencies with permitting authority over any aspect of the project, along with the basis of that authority, the specific permit required, and the nature of the resource or improvement that falls within the agency's jurisdiction. Environmental Evaluation The study will discuss the full range of potential impacts, using the City's Initial Study form (Environmental Checklist) as a framework for item by item discussion. Although all environmental issues of the Initial Study form will be discussed, we anticipate that particular issues, especially cultural resources and recreation resources, will warrant special attention. Key environmental issues include the following. Land Use The Initial Study will discuss any potential land use impacts that might result from construction or operation of the pipeline. Potential conflicts related to noise, aesthetics or other specific environmental effects will each be discussed individually in their own sections of the assessment. The Land Use section will address the general issue of compatibility of the pipeline with the current land use at the Riding Park. Within this section, the study will also address any potential conflicts with adopted policies, plans or regulations adopted for the purpose of avoiding environmental impacts. Circulation and Parking The Initial Study will address the project's potential effect on the local and regional circulation 3 Exhibt A system. Because vehicular trips generated by the project will be limited to short-term, construction -related traffic, the Initial Study will limit the discussion of traffic effects to an estimate of construction -related trips and comparison of the project's trip generation to the maximum number of new trips allocated to the site by the County of Orange MPAH and enumerated in the Purchase & Sale Agreement conveying the property from RMV to the City. We will rely on the City's Public Works Department to estimate the project's construction trips (ADT and peak hour) based on construction phases provided by the City's Utilities Department, and relate the project's potential effects to the City's significance thresholds for traffic impacts. Because the traffic generated by the project is expected to be small (below significance thresholds), the Initial Study will not include a quantitative analysis of project impacts on local intersections or roadway links. Biological Resources The Initial Study will include an assessment of the pipeline's potential effects on native. habitats and special status plant and animal species. The assessment will focus on potential impacts to resources within the designated Sensitive Resources Area, but will also address the potential to impact any other significant biological resources onsite (or in proximity), either directly or indirectly. The impacts assessment will integrate findings of a site visit by a qualified field biologist to identify biological resources in and near the proposed pipeline alignment (and staging areas), and identify any potential direct or indirect impacts. Appropriate mitigation measures will be provided to address any potential significant impacts that are identified. Cultural Resources The Initial Study will, evaluate potential effects of pipeline construction on prehistoric (Native American/Juaneno Band of Mission Indians-Acjachemem Nation) and historic cultural resources. The assessment will determine whether or not pipeline construction has the potential to encounter significant cultural resources, based on review of available documents depicting previous grading and trenching activities within the alignment and a review of recorded observations and literature on cultural resources. Technical support for this portion of the Initial Study will be provided by Archaeological Resource Management Corporation (ARMC) who will conduct a Phase I Archaeological Assessment of the site. The assessment will include a records and literature search through the office of the South Central Coast Information Center at Cal State Fullerton, ARMC and Rancho Mission Viejo files, and a field walkover survey to determine whether any archaeological or historical resources are present. The work will include a Sacred Lands File search through the Native American Heritage Commission with follow-up contacts with affiliated groups recommended by the Commission. The work will also include review of the previous report(s) prepared by ARMC for the County of Orange as part of the County's review and approval of The Ranch Plan. ARMC will prepare a free-standing technical report that presents findings, methods and recommendations for mitigation, if necessary. 4 Exhibt A Geotechnical Conditions The environmental assessment will identify geologic and soils conditions of the site, based on available geotechnical studies. Although geotechnical constraints are not anticipated to be a major issue, the .Initial Study will identify any constraints that might warrant remediation or which might give rise to special consideration for avoiding impacts. The Initial Study will address all related issues prompted by the City's Environmental Checklist. Hazardous Materials & Toxic Substances The Initial Study will identify current conditions related to hazardous materials and toxic substances, based on prior Phase I and/or Phase II studies, if available. The study will identify appropriate steps to remove or remediate any remaining substances that might present an adverse effect in association with pipeline construction or use. Significance thresholds applied to the mitigation of hazardous or toxic materials will include those of the Regional Water Quality Control Board, the U.S. Army Corps of Engineers (through the established SAMP) and the City's standard requirements. Hydrology and Water Quality Although the pipeline is unlikely to generate significant effects on hydrology or water quality, the Initial Study will discuss local hydrological conditions and existing drainage patterns to and across the site. The discussion will include the site's relationship to San Juan Creek (and designated flood hazard zones). In describing onsite hydrology, the Initial Study will identify the need for the pipeline alignment to avoid desiltation basins and other drainage features on the site. The project's effects, if any, on the magnitude or direction of flow of surface runoff (e.g., during construction) will be addressed through discussion of precautionary measures such as the standard condition of approval for a Stormwater Pollution Prevention Plan (SWPPP) and other features or procedures that will be integrated into the project for the purpose of avoiding impacts. Thresholds of.significance applied to the project will include all relevant conditions imposed on the site through prior approvals (HCP, SAMP and Master Streambed Alteration Agreement) along with applicable City standards. Noise The Initial Study will identify the potential for construction -related noise to impact offsite properties or current uses onsite. The assessment will identify probable noise levels during the park's construction phases (based on assumptions provided by the City for phasing and construction equipment). We will identify mitigation measures that are consistent with the City's adopted policies and standard conditions of approval. Projected noise levels will not be modeled, but identified based on known noise levels previously measured from similar construction equipment and activities. Visual Impacts The environmental assessment will address the potential for the proposed pipeline construction 5 Exhibt A to effect the visual environment. Discussion of visual impacts will focus on the significant public viewsheds from Ortega Highway and Avenida La Pata. We will review the City's Design Guidelines for any relevant criteria and significance thresholds applicable to visual impacts associated with construction actions. In the event that visual impacts are found to be significant, we will work with Staff to identify methods to mitigate any adverse effects. Air Quality The Initial Study will discuss the project's potential to generate air pollutants at significant levels that exceed local and regional emissions thresholds. The document will include findings of a technical study (to be prepared by Mestre Greve Associates) to quantify emissions associated with the construction and operational (post -development) phases of the project. The assessment will address vehicular emissions from construction traffic, based on clearly defined assumptions of equipment anticipated to be employed on site. Particulate emissions from construction activities will also be addressed. The document will provide measures to reduce dust generation in accordance with South Coast Air Quality Management District requirements. The air quality assessment will also address the project's long-term emissions, including potential reductions in greenhouse gas emissions through a reduction in energy used to import water, as a result of enhanced recycled water use. The discussion of greenhouse gas emissions will address other cumulative actions and identify appropriate significance thresholds for evaluating greenhouse gas emission impacts. Utilities, Infrastructure & Community Services The study will identify any potential effects that pipeline construction might have on existing utilities or infrastructure related to community services. It is assumed that the City will provide GIS maps with locations of existing utilities within the Blenheim site. Cumulative Impacts The Initial Study will identify other projects that might share cumulatively significant impacts with this project. The potential for cumulative impacts will be addressed for the full range of environmental topics. We will coordinate with the City staff to ensure that the study applies the same assumptions for anticipated projects that are -applied to other current projects in the city. Additional Topics In addition to the topics itemized above, the Initial Study will address all other environmental topics identified in the City's standard Initial Study form, including Agriculture Resources, MineralResources, Population & Housing, and the Mandatory Findings of Significance. References The Initial Study will include complete references to all technical studies and sources of supporting information cited in the body of the document (e.g., the prior EIR on the Rancho Mission Viejo Ranch Plan and its technical reports). The References Section will also identify 6 Exhibt A persons and organizations consulted during document preparation, included City staff and members of the project team. II. CEQA DETERMINATION The Initial Study will provide the basis for the City's CEQA determination which could be a Negative Declaration, Mitigated Negative Declaration, EIR Addendum, or Supplemental Environmental Impact Report. Should the Initial Study find that the project would result in no significant impacts, a Negative Declaration (ND) will be prepared. Should the Initial Study find that the project would result in impacts, but all impacts can be mitigated to a level below significant through feasible measures, we will prepare a Mitigated Negative Declaration (MND) for the project. This task will include a screencheck draft MND, a Public Hearing MND (with revisions per staff) and a Final MND. If necessary based on the Initial Study, we will prepare a Mitigation Monitoring & Reporting Program to accompany the MND. We will . also be responsible for preparing and posting required CEQA notices to be filed with the County Clerk. III. MEETINGS ,& HEARINGS We are prepared to attend one kick-off meeting, a minimum of three project status meetings, and three public meetings or hearings (Open Space Commission, Planning Commission, City Council). Our goal is to meet the City's needs related to both public involvement and coordination with Staff, and to that end. we will maintain flexibility in our allotment of time to meetings and hearings. IV. DELIVERABLES We will provide the following products in electronic (Word and/or PDF) form: A. Preliminary Initial Study B. Revised Initial Study (integrating City comments) B. Public Review Draft Initial Study C. Preliminary Mitigated Negative Declaration D. A Final Initial Study and Mitigated Negative Declaration, with Mitigation Monitoring and Reporting Program We are prepared to -provide up to six (6) copies of each deliverable A through C, if requested by the City. V. PROJECT SCHEDULE We will begin preparation of the Initial Study immediately upon authorization. We understand the City's desire to complete this work within an efficient time frame and intend to work closely with City staff to meet the City's scheduling needs. The schedule of milestones presented below assumes that the project does not change substantially during the course of our work and that project plans, materials and information from the City are available early on. 7 Exhibt A ♦ Submittal of Preliminary Initial Study ♦ Submittal of Draft Initial Study ♦ Notice of Intent to Prepare a Negative Dec. ♦ Public Hearing IS and MND ♦ Final IS/MND and Notices VI. INFORMATION & MATERIALS 4 weeks after authorization & receipt of all materials. 14 days after receipt of City comments Immediately upon City determination to proceed with MND Concurrent with Staff requirements for inclusion in Staff report Immediately following Certification This scope of work assumes that the City will provide several documents and other sources of information, including: • A project description with sufficient detail to evaluate impacts, including pipeline alignment and dimensions, methods and phasing of construction, post -construction operations and projections of recycled water use resulting from the project's implementation; • Construction schedule and equipment to be used during each phase; • Previously prepared Environmental Assessments of the property (if available); • Grading plans and other documentation of previous trenching and grading within the proposed pipeline alignment; • GIS files and maps depicting the proposed alignment, existing uses, utilities and site boundaries; • A schematic diagram of the proposed pipeline depicting its cross-sectional dimensions and location relative to the existing Chiquita Land Outfall Pipeline. VII. BUDGET We are prepared to perform the tasks of this scope of work based on the budget provided in the attached spreadsheet. 8 F VIII. PERSONNEL Ed Almanza will act as Project Manager and primary contact with City staff and with other members -of the project team. Mr. Almanza has previously prepared several environmental documents for the City, including the Initial Study and MND for the Reata Park and Event Center Master Plan, the Marriott Hotel, the Costco Expansion, the IS/MND for Saint Margaret's Episcopal School Master Plan, the Environmental Impact Report for Centra Pointe Commercial and Medical Offices, the San Juan Capistrano Open Space Master Plan and the EIR on the Concorde Development GPA and Tract Map. As is our usual practice, all sections of the document will be written, and the entire document overseen, by Ed Almanza, acting as Principal and Project Manager. 9 F §22 LD 2 2 0. z b § LL �Z § 0 - a - N B - Soo CO 8 8 § o Ln d "i 16 &2aa Ul 1 in JR a § - a � .. # « § § J Sp__ ) g § Z § k 9 02 - m ■ ■ « CC - k g a C 12 k ■ 0 ©� § S k \ 2 §LLJ C) C& F § N o o - , - § §2 E s J §2# c; 0 f& § _ o& §22 LD 2 2 0. z b § LL �Z § 0 - a - N B - Soo CO 8 8 § o Ln d "i 16 &2aa Ul 1 in JR a § - a � .. # « Sp__ ) g § Z § \ @ « CC - k g a U 12 k ■ 0 ©� § S k \ 2 §LLJ C) C& 2? k§ g 4 , - § §2 E s J §2# c; 0 f& e o& § CC f 2_§) � 0 E hb,kB 04/23/2013 gkt,D3 GgwN City of San Juan Capistrano Supplemental Agenda Report TO: Karen P. Brust, City Manage �� (1y�^�� FROM: Keith Van Der Masten, Utilities toka'1[�' Prepared by: Justin Kirk, Senior Management Analyst DATE: April 23, 2013 SUBJECT: Consideration of a Personal Services Agreement for the Preparation of Environmental Documentation for the San Juan Creek Recycled Water Pipeline (CIP 13603) (Ed Almanza and Associates) RECOMMENDATION: By motion, 1. Waive the formal Request for Proposals requirements pursuant to Section 3.4.306(e)(iii) of the City of San Juan Capistrano's Municipal Code, and; 2. Approve a Personal Services Agreement with Ed Almanza and Associates, for the preparation of environmental documentation for the San Juan Creek Recycled Water Pipeline in the amount of $37,100. EXECUTIVE SUMMARY: At the time of the posting of the agenda for the April 23, 2013, City Council meeting, the Utilities Commission had not taken action on a recommendation to the City Council regarding the waiving of the formal bidding requirements pursuant to Section 3.4.306(e) (iii) of the City of San Juan Capistrano's Municipal Code and the approval of a Personal Services Agreement with Ed Almanza and Associates. At its April 22, 2013, special meeting the Utilities Commission took action to recommend to the City Council, to waive the formal Request for Proposals requirements pursuant to Section 3.4.306(e) (iii) of the City of San Juan Capistrano's Municipal Code and to approve a Personal Services Agreement with Ed Almanza and Associates, for the preparation of environmental documentation for the San Juan Creek Recycled Water Pipeline in the amount of $37,100. *��1031: 412312013 III D3 City of San Ju apistrano Age ort TO: Karen P. Brust, City r f FROM: Keith Van Der Maaten, lities Directo v Prepared by: Justin Kirk, Senior Managem nt Analyst DATE: April 23, 2013 U ` SUBJECT: Consideration of a Personal Services Agreement for the Preparation of Environmental Documentation for the San Juan Creek Recycled Water Pipeline (CIP 13603) (Ed Almanza and Associates) RECOMMENDATION By motion, 1. Waive the formal Request for Proposal requirements pursuant to Section 3.4.306(e)(iii) of the City of San Juan Capistrano's Municipal Code, and; 2. Approve a Personal Services Agreement with Ed Almanza and Associates, for the preparation of environmental documentation for the San Juan Creek Recycled Water Pipeline in the amount of $37,100. EXECUTIVE SUMMARY: As part of the Proposition 50 grant funded projects, the City included the installation of the San Juan Creek Recycled Water Pipeline. The project consists of the design, permitting, and construction of approximately 3,300 lineal feet of 12 -inch recycled water pipeline. The recycled water pipeline will connect with an existing recycled water line at the end of San Juan Creek Road and go through the Rancho Mission Viejo Riding Park at San Juan Capistrano (Riding Park) to connect to Santa Margarita Water District's (SMWD) recycled water pipeline at the corner of Ortega Highway and Antonio Parkway. Under the proposed Personal Services Agreement, the consultant is to conduct preliminary California Environmental Quality Act (CEQA) analysis to address potential environmental effects of constructing a 12 -inch recycled water main within the Riding Park (Blenheim Equestrian Center), at the Parcel 7 site in northeast San Juan Capistrano. The principal product of this scope of work is an Initial Study in compliance with CEQA, and conforming to the City's standard format that would provide the basis for the City's CEQA determination that the project qualifies for a Negative Declaration, a Mitigated Negative Declaration, an Environmental Impact Report Addendum, or a Supplemental Environmental Impact Report. City Council Agenda Report April 23, 2013 Page 2 of 2 Staff recommends that the City Council waive the formal Request for Proposal requirements pursuant to Section 3.4.306(e) (iii) of the City of San Juan Capistrano's Municipal Code and approve a Personal Services Agreement with Ed Almanza and Associates, for the preparation of environmental documentation for the San Juan Creek Recycled Water Pipeline in the amount of $37,100. (Attachment 1). DISCUSSION/ANALYSIS: Pursuant to Section 3.4.306(e)(iii) of the City of San Juan Capistrano's Municipal Code, the Request for Proposals process may be waived "when extenuating circumstances would make the formal Request for Proposal/Request for quotes not the most cost effective approach." Ed Almanza and Associates prepared the environmental documentation for the Reata Park and Events Center Master Plan for the City in September 2012, which covered both the Reata Park and Event Center area and the Rancho Mission Viejo Riding Park at San Juan Capistrano, where the proposed project is located. Therefore, the cost for Ed Almanza and Associates to prepare the necessary environmental documentation would be less as the firm has previously conducted work in this area and a different firm would need additional time, including conducting a site survey. FISCAL IMPACT: CIP 13603 has $844,700 budgeted for Fiscal Year 2012-2013, of which $9,268 have been spent. These funds are included in Grant Agreement No. 07-542-550 Amendment No. 3, from the State of California. The cost of the work by Ed Almanza and Associates is $37,100; therefore, no additional budget appropriations are necessary at this time. ENVIRONMENTAL IMPACT: Not applicable. PRIOR CITY COUNCIL REVIEW: Not applicable. COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS: The Utilities Commission will review this item at its April 22, 2013, special meeting. Staff will provide a supplemental report to the City Council outlining its recommendation. NOTIFICATION: Ed Almanza and Associates ATTACHMENT(S): Attachment 1 — Personal Services Agreement, Ed Almanza and Associates PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this day of April, 2013, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Ed Almanza and Associates, (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to prepare plans and specifications for the San Juan Creek Road Recycled Water Pipeline 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, attached and incorporated herin by reference. - To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than 8 months after the notice to proceed. Section 3. Compensation. 3.1 Amount. Total compensation for the services shall not exceed $37,100, 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 will pay monthly progress payments based on approved invoices in accordance with this Section. Attachment 1 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 under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. 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 KI boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' 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 4 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 insured 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. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. Following the City's issuance of the Notice to Proceed, the foregoing insurance provisions shall be deemed satisfied for the balance of the term of this Agreement unless the city receives notice pursuant to Section 14.6 that the specified insurance coverage is either expiring and not being renewed by the Consultant, or is being terminated due to Consultant's failure to pay a premium. 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 5 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: Keith Van Der Maaten To Consultant: Ed Almanza and Associates P.O. Box 9396 Laguna Beach, CA 92652 Attn: Ed Almanza Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Aareement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] N IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Hans Van Ligten, City Attorney CITY OF SAN JUAN CAPISTRANO By: John Taylor, Mayor ED ALMANZA AND ASSOCIATES By: 7 Ed Almanza, Principal SAN JUAN CREEK RECYCLED WATER PIPELINE INITIAL STUDY PROPOSED SCOPE OF SERVICES INTRODUCTION This proposal presents a scope of services to conduct preliminary CEQA analysis to address potential environmental effects of constructing a 12 -inch recycled water main within the San Juan Capistrano Riding Park (Blenheim Equestrian Center), at the Parcel 7 site in northeast San Juan Capistrano. The principal product of this scope of work is an Initial Study in compliance with CEQA, and conforming to the City's standard format that would provide the basis for the City's CEQA determination that the project qualifies for a Negative Declaration, a Mitigated Negative Declaration, an EIR Addendum, or a Supplemental Environmental Impact Report. This scope also includes tasks and methods associated with a potential determination that the project qualifies for a Mitigated Negative Declaration (MND). However, the CEQA determination will ultimately be based on the analysis and findings of the Initial Study. The environmental assessment outlined in this proposal is designed to resolve environmental issues and provide mitigation for all potentially significant impacts. To this end, this scope of work assumes close collaboration with City Development Services Department staff through all stages of the environmental review process. I. CONTENT AND SCOPE OF INITIAL STUDY This scope of work is designed to provide an Initial Study that achieves the following: (1) Identifies potential environmental impacts of constructing the proposed pipeline and of its long-term operation; (2) Identifies feasible mitigation measures and/or modifications to the project or its design that might be warranted to avoid significant impacts; (3) Provides the basis for the City's determination of subsequent stages in the CEQA process (i.e., Negative Declaration, Mitigated Negative Declaration, EIR Addendum, or Supplemental Environmental Impact Report). If, as a result of our analysis, the Initial Study finds that the project will result in no significant impacts, we will prepare a Negative Declaration. If the analysis finds that feasible mitigation measures identified by the Initial Study will reduce all project impacts to a level below significant, we will prepare a Mitigated Negative Declaration and companion Mitigation Monitoring Reporting Program. If reduction of significant adverse impacts below a level of significance cannot be achieved, we will identify critical issues and the scope of any further analysis that may be necessary to fully resolve outstanding environmental issues. Exhibt A The document's format will be based on the City's standard Initial Study form (Environmental Checklist), with supplementary text, graphics and technical information that clearly support and elucidate the methods of assessment and findings. The Initial Study's impacts evaluation will be based on the City's adopted Thresholds of Significance, or where the City has not established specific thresholds, those established by Final EIR 589, The Ranch Plan. In all cases, the study will explicitly state the basis of its findings with appropriate supporting data. Impacts will be identified as "less than significant", "significant" or "cumulatively significant". Mitigation measures will be accompanied by a statement of the level of mitigation achieved upon implementation. The Initial Study will include the following sections and other information as required by the City's standard Initial Study format and these sections shall be supplemented as needed with appropriate maps, figures, and tables to support the Initial Study's analysis: Introduction The documerit will begin with a brief Introduction section describing the nature of the Initial Study, its role in the CEQA process, the City's obligations under CEQA, and the Initial Study process. The Introduction will identify the components of the Initial Study, and generally assist the reader in understanding how the document's components function together to fulfill this first step in the project's CEQA process. Project Description The Initial Study will provide a thorough Project Description that describes the Blenheim Facility along with the current land use and conditions at the site and in the immediate surroundings. The site will be depicted in a precise map at a local scale, illustrating its relationship to adjacent roads and existing land uses in the vicinity. Other maps will show the site's location relative to the City's boundaries and the regional setting. The Project Description section will identify the proposed alignment and dimensions of the pipeline as well as staging areas and proposed construction methods. The document will also identify the project's purpose and context relative to local water consumption, particularly the use of recycled water in San Juan Capistrano, and the project's implications for overall water consumption in the city. Surrounding Land Use & Project Setting Within this section, the Initial Study will identify the site's environmental setting and context. The assessment will describe present uses at the site, along with the present and future proposed land uses of neighboring properties. It will identify the site's zoning, its General Plan designation and its relationship to other relevant local and regional plans. Special attention will be given to any relevant conditions imposed by the Purchase and Sale Agreement entered into by the City and Rancho Mission Viejo that might constrain land use at the site, in terms of either type of land uses or their siting within the parcel. The environmental assessment will also enumerate the several conditions related to the Sensitive Resource Area on and adjacent to the 2 Exhibt A site and other relevant conditions established through previous approvals (Southern Orange County Subregion Habitat Conservation Plan (HCP), Implementation Agreement, Special Area Management Plan (SAMP), Open Space Agreement, Master Streambed Alteration Agreement, and other germane plans, policies, regulations and conditions of approval) that govern land use at the site. This section of the Initial Study will perform a function analogous to the Affected Environment (or Existing Conditions) section of an EIR. In a generalized way it will touch upon those site conditions and resources that will later be highlighted in more detail as individual potential impacts are discussed in the Environmental Evaluation section (see below). In doing so, it will identify significant environmental issues, providing the foundation for the document's subsequent assessment of impacts. Other Required Agency Approvals The Initial Study will identify any approvals required of agencies other than the City to implement the project (County, State, Federal or special Districts). This section will provide further context to the project and its resources, as well as identify any future actions of other agencies and their relationship to this CEQA document as responsible or permitting agencies. It is also important to identify required permit approvals because of their potential value as mitigation measures and/or conditions of approval. The document will therefore list all agencies with permitting authority over any aspect of the project, along with the basis of that authority, the specific permit required, and the nature of the resource or improvement that falls within the agency's jurisdiction. Environmental Evaluation The study will discuss the full range of potential impacts, using the City's Initial Study form (Environmental Checklist) as a framework for item by item discussion. Although all environmental issues of the Initial Study form will be discussed, we anticipate that particular issues, especially cultural resources and recreation resources, will warrant special attention. Key environmental issues include the following. Land Use The Initial Study will discuss any potential land use impacts that might result from construction or operation of the pipeline. Potential conflicts related to noise, aesthetics or other specific environmental effects will each be discussed individually in their own sections of the assessment. The Land Use section will address the general issue of compatibility of the pipeline with the current land use at the Riding Park. Within this section, the study will also address any potential conflicts with adopted policies, plans or regulations adopted for the purpose of avoiding environmental impacts. Circulation and Parking The Initial Study will address the project's potential effect on the local and regional circulation 3 Exhibt A system. Because vehicular trips generated by the project will be limited to short-term, construction -related traffic, the Initial Study will limit the discussion of traffic effects to an estimate of construction -related trips and comparison of the project's trip generation to the maximum number of new trips allocated to the site by the County of Orange MPAH and enumerated in the Purchase & Sale Agreement conveying the property from RMV to the City. We will rely on the City's Public Works Department to estimate the project's construction trips (ADT and peak hour) based on construction phases provided by the City's Utilities Department, and relate the project's potential effects to the City's significance thresholds for traffic impacts. Because the traffic generated by the project is expected to be small (below significance thresholds), the Initial Study will not include a quantitative analysis of project impacts on local intersections or roadway links. Biological Resources The Initial Study will include an assessment of the pipeline's potential effects on native habitats and special status plant and animal species. The assessment will focus on potential impacts to resources within the designated Sensitive Resources Area, but will also address the potential to impact any other significant biological resources onsite (or in proximity), either directly or indirectly. The impacts assessment will integrate findings of a site visit by a qualified field biologist to identify biological resources in and near the proposed pipeline alignment (and staging areas), and identify any potential direct or indirect impacts. Appropriate mitigation measures will be provided to address any potential significant impacts that are identified. Cultural Resources The Initial Study will evaluate potential effects of pipeline construction on prehistoric (Native American/Juaneno Band of Mission Indians-Acjachemem Nation) and historic cultural resources. The assessment will determine whether or not pipeline construction has the potential to encounter significant cultural resources, based on review of available documents depicting previous grading and trenching activities within the alignment and a review of recorded observations and literature on cultural resources. Technical support for this portion of the Initial Study will be provided by Archaeological Resource Management Corporation (ARMC) who will conduct a Phase I Archaeological Assessment of the site. The assessment will include a records and literature search through the office of the South Central Coast Information Center at Cal State Fullerton, ARMC and Rancho Mission Viejo files, and a field walkover survey to determine whether any archaeological or historical resources are present. The work will include a Sacred Lands File search through the Native American Heritage Commission with follow-up contacts with affiliated groups recommended by the Commission. The work will also include review of the previous report(s) prepared by ARMC for the County of Orange as part of the County's review and approval of The Ranch Plan. ARMC will prepare a free-standing technical report that presents findings, methods and recommendations for mitigation, if necessary. 4 Exhibt A Geotechnical Conditions The environmental assessment will identify geologic and soils conditions of the site, based on available geotechnical studies. Although geotechnical constraints are not anticipated to be a major issue, the Initial Study will identify any constraints that might warrant remediation or which might give rise to special consideration for avoiding impacts. The Initial Study will address all related issues prompted by the City's Environmental Checklist. Hazardous Materials & Toxic Substances The Initial Study will identify current conditions related to hazardous materials and toxic substances, based on prior Phase I and/or Phase I1 studies, if available. The study will identify appropriate steps to remove or remediate any remaining substances that might present an adverse effect in association with pipeline construction or use. Significance thresholds applied to the mitigation of hazardous or toxic materials will include those of the Regional Water Quality Control Board, the U.S. Army Corps of Engineers (through the established SAMP) and the City's standard requirements. Hydrology and Water Quality Although the pipeline is unlikely to generate significant effects on hydrology or water quality, the Initial Study will discuss local hydrological conditions and existing drainage patterns to and across the site. The discussion will include the site's relationship to San Juan Creek (and designated flood hazard zones). In describing onsite hydrology, the Initial Study will identify the need for the pipeline alignment to avoid desiltation basins and other drainage features on the site. The project's effects, if any, on the magnitude or direction of flow of surface runoff (e.g., during construction) will be addressed through discussion of precautionary measures such as the standard condition of approval for a Stormwater Pollution Prevention Plan (SWPPP) and other features or procedures that will be integrated into the project for the purpose of avoiding impacts. Thresholds of.significance applied to the project will include all relevant conditions imposed on the site through prior approvals (HCP, SAMP and Master Streambed Alteration Agreement) along with applicable City standards. Noise The Initial Study will identify the potential for construction -related noise to impact offsite properties or current uses onsite. The assessment will identify probable noise levels during the park's construction phases (based on assumptions provided by the City for phasing and construction equipment). We will identify mitigation measures that are consistent with the City's adopted policies and standard conditions of approval. Projected noise levels will not be modeled, but identified based on known noise levels previously measured from similar construction equipment and activities. Visual Impacts The environmental assessment will address the potential for the proposed pipeline construction 5 Exhibt A to effect the visual environment. Discussion of visual impacts will focus on the significant public viewsheds from Ortega Highway and Avenida La Pata. We will review the City's Design Guidelines for any relevant criteria and significance thresholds applicable to visual impacts associated with construction actions. In the event that visual impacts are found to be significant, we will work with Staff to identify methods to mitigate any adverse effects. Air Quality The Initial Study will discuss the project's potential to generate air pollutants at significant levels that exceed local and regional emissions thresholds. The document will include findings of a technical study (to be prepared by Mestre Greve Associates) to quantify emissions associated with the construction and operational (post -development) phases of the project. The assessment will address vehicular emissions from construction traffic, based on clearly defined assumptions of equipment anticipated to be employed on site. Particulate emissions from construction activities will also be addressed. The document will provide measures to reduce dust generation in accordance with South Coast Air Quality Management District requirements. The air quality assessment will also address the project's long-term emissions, including potential reductions in greenhouse gas emissions through a reduction in energy used to import water, as a result of enhanced recycled water use. The discussion of greenhouse gas emissions will address other cumulative actions and identify appropriate significance thresholds for evaluating greenhouse gas emission impacts. Utilities, Infrastructure & Community Services The study will identify any potential effects that pipeline construction might have on existing utilities or infrastructure related to community services. It is assumed that the City will provide GIS maps with locations of existing utilities within the Blenheim site. Cumulative Impacts The Initial Study will identify other projects that might share cumulatively significant impacts with this project. The potential for cumulative impacts will be addressed for the full range of environmental topics. We will coordinate with the City staff to ensure that the study applies the same assumptions for anticipated projects that are applied to other current projects in the city. Additional Topics In addition to the topics itemized above, the Initial Study will address all other environmental topics identified in the City's standard Initial Study form, including Agriculture Resources, Mineral Resources, Population & Housing, and the Mandatory Findings of Significance. References The Initial Study will include complete references to all technical studies and sources of supporting information cited in the body of the document (e.g., the prior EIR on the Rancho Mission Viejo Ranch Plan and its technical reports). The References Section will also identify 6 Exhibt A persons and organizations consulted during document preparation, included City staff and members of the project team. II. CEQA DETERMINATION The Initial Study will provide the basis for the City's CEQA determination which could be a Negative Declaration, Mitigated Negative Declaration, EIR Addendum, or Supplemental Environmental Impact Report. Should the Initial Study find that the project would result in no significant impacts, a Negative Declaration (ND) will be prepared. Should the Initial Study find that the project would result in impacts, but all impacts can be mitigated to a level below significant through feasible measures, we will prepare a Mitigated Negative Declaration (MND) for the project. This task will include a screencheck draft MND, a Public Hearing MND (with revisions per staff) and a Final MND. If necessary based on the Initial Study, we will prepare a Mitigation Monitoring & Reporting Program to accompany the MND. We will also be responsible for preparing and posting required CEQA notices to be filed with the County Clerk. III. MEETINGS & HEARINGS We are prepared to attend one kick-off meeting, a minimum of three project status meetings, and three public meetings or hearings (Open Space Commission, Planning Commission, City Council). Our goal is to meet the City's needs related to both public involvement and coordination with Staff, and to that end, we will maintain flexibility in our allotment of time to meetings and hearings. IV. DELIVERABLES We will provide the following products in electronic (Word and/or PDF) form: A. Preliminary Initial Study B. Revised Initial Study (integrating City comments) B. Public Review Draft Initial Study C. Preliminary Mitigated Negative Declaration D. A Final Initial Study and Mitigated Negative Declaration, with Mitigation Monitoring and Reporting Program We are prepared to provide up to six (6) copies of each deliverable A through C, if requested by the City. V. PROJECT SCHEDULE We will begin preparation of the Initial Study immediately upon authorization. We understand the City's desire to complete this work within an efficient time frame and intend to work closely with City staff to meet the City's scheduling needs. The schedule of milestones presented below assumes that the project does not change substantially during the course of our work and that project plans, materials and information from the City are available early on. 7 Exhibt A ♦ Submittal of Preliminary Initial Study ♦ Submittal of Draft Initial Study ♦ Notice of Intent to Prepare a Negative Dec. ♦ Public Hearing IS and MND ♦ Final IS/MND and Notices VI. INFORMATION & MATERIALS 4 weeks after authorization & receipt of all materials. 14 days after receipt of City comments Immediately upon City determination to proceed with MND Concurrent with Staff requirements for inclusion in Staff report Immediately following Certification This scope of work assumes that the City will provide several documents and other sources of information, including: • A project description with sufficient detail to evaluate impacts, including pipeline alignment and dimensions, methods and phasing of construction, post -construction operations and projections of recycled water use resulting from the project's implementation; • Construction schedule and equipment to be used during each phase; • Previously prepared Environmental Assessments of the property (if available); • Grading plans and other documentation of previous trenching and grading within the proposed pipeline alignment; • GIS files and maps depicting the proposed alignment, existing uses, utilities and site boundaries; • A schematic diagram of the proposed pipeline depicting its cross-sectional dimensions and location relative to the existing Chiquita Land Outfall Pipeline. VII. BUDGET We are prepared to perform the tasks of this scope of work based on the budget provided in the attached spreadsheet. 8 E VIII. PERSONNEL Ed Almanza will act as Project Manager and primary contact with City staff and with other members -of the project team. Mr. Almanza has previously prepared several environmental documents for the City, including the Initial Study and MND for the Reata Park and Event Center Master Plan, the Marriott Hotel, the Costco Expansion, the IS/MND for Saint Margaret's Episcopal School Master Plan, the Environmental Impact Report for Centra Pointe Commercial and Medical Offices, the San Juan Capistrano Open Space Master Plan and the EIR on the Concorde Development GPA and Tract Map. As is our usual practice, all sections of the document will be written, and the entire document overseen, by Ed Almanza, acting as Principal and Project Manager. 9 E Total Estimated Cost $37,100 COSTESTIMATE—SAN JUAN CREEK RECYCLED WATER PIPELINE ♦ CEQA DOCUMENTATION HOURLY PROJECT PRELIMINARY DRAFT INITIAL FINALINTTIAL MITIGATION MEETINGS& TOTAL PERSONNEL/hour RATE MANAGEMENT INITIAL STUDY STUDY &MND STUDY&MND MONITORING HEARINGS HOURS TOTALS PROGRAM PROJECT MANAGER/PRINCIPAL $125.110 60 50 20 10 10 20 170 $21,250 GRAPHICSTECHNICIAN $60.00 0 20 8 0 0 0 28 $11680 WORD PROCESSOR $45.00 0 16 12 6 4 0 38 $1,710 ADMINISTRATION $45.00 B 8 4 4 2 2 28 $1,260 Total labor $25,900 Subconsultants Robb Hamilton (Bio Resources) $2,5011 Mestr,Greve (Air Quality) $3,501) ARMC (Cultural Resources) 52,000 Total Subconsultants $SIM DIreRCosts Printing & CD production $1,500 Graphic Reprodunion $400 Dellveries/Postage $250 Mileage $350 Insurance/Admin S700 Total Direct Costs $3,200 Total Estimated Cost $37,100 COSTESTIMATE—SAN JUAN CREEK RECYCLED WATER PIPELINE ♦ CEQA DOCUMENTATION City of San Juan Capistrano 11 NAMES AND ADDRESSES OF VENDORS CONTACTED Vendor No. A PURCHASE REQUISITION Eli 50 94699 67101 13603 000 B Fund DeptJDiv Acct Project Cost Center $844,700.00 C Funds Available Purchase Order # Delivery 32400 Paseo Adelanto Address San Juan Capistrano CA 92675 Ed Almanza and Associates P.O. Box 9396 Laguna Beach, CA 92652 IF—Qtv,Unit Description A Unit Price Total B Unit Price Total C Unit Price rota 1 Recycled Water Pipeline $37,100.00 $37,100.00 0.00 - Environmental Review Contact: 13ustin ICA ext. 6381 Subtotal Sales Tax Shipping Total 37 100.00 0.00 0.00 $ 0.00 $ $ 0.00 $ $ 37100.00 $ 0.00 0.00 Submitted by: Date:He PAV Date: 4 Z pproved by: Date:. 7--• QuickReport Report CITY OF SAN JUAN CAPISTRANO Expenditure Statement by Fund For the Period July 1, 2012 through May 14, 2013 RUN DATE: May 14, 2013 FUND 50: CAPITAL PROJECTS FUND PROI 13603 Pagelofl- http://sjc300v/QuickApp/QuickReports/Report.aspx?ReportID=145 5/14/2013 Percent CYTD CYTD of Original Revised P -T -D Y -T -D ITD Available Budget Account Number Account Name Budget Budget Expenditures Expenditures Encumbrances Budget Spent 50-94599-61111-13603-000 FULL-TIME SALARIES 0 0. 2.110 1110 0 (21110) 0 50-94599-61190-13603-000 TEMPORARY STAFFING 0 0 6.458 6.458 10.738 (17,196) 0 SERVICES TOTAL SALARIES/WAGES/OTHER PAY 0 0 8,568 8,568 10,738 (19,306) 0 50-94599-61288-13603-000 HEALTH INSURANCE . 0 0 333 333 0 (333) 0 CHARGES 50-94599-61289-13603-000 OTHER BENEFITS CHGS 0 0 64 64 0 (64) 0 50-94599-61290-13603-000 RETIREMENT 0 0 530 '530 0 (530) 0 50-94599-61287-13603-000 WORKER'S COMP 0 0 137 137 0 (137) 0 CHARGES TOTAL INSURANCE/RETIREMENT/BEN 0 0 1,064 1,064 0 (1,064) 0 TOTAL PERSONNEL SERVICES 0 0 9,632 9,632 10,738 (20,370) 0 50-94699-67101-13603-000 CAPITAL PROJECTS 0 844,700 0 0 0 844,700 0 TOTAL CAPITAL OUTLAY 0 844,700 0 0 0 844,700 0 Total for PROJ 13603 0 844,700 9,632 9,632 10,738 824,330 0 http://sjc300v/QuickApp/QuickReports/Report.aspx?ReportID=145 5/14/2013 a Buse—W—lion Bo.m—SMl73 U—S,,:mn Buell.... Name EO AUMNU6ASSCCN '���. Tgool Business MISCBUSMESS SVC 0' Business Subtype. _ O Type orOMleleblp SME 5BO9RIETOH SHIP O Sed. COn1 Ul. SIC Code 7399 Q FEW. SSel O Cla..MQdsnCode GENERXERISINE55 O Bue Type Mol As ENVMONNENTAL No. d1Emp: Studios: 'ACTNE O Issued'. 05A)WOU OOt Dulled ImeRon ❑. ool sses5OF MN, MMWIU P90ne: fit......... edd, 130702 1 DRIFTWJOO DR. I F. 0 CIystifle Lip: IAGUXA BEACN CA 93651 O EnN9en, O Eldeil: ¢ucelwrN� s AenaewBlmsw..Bel a Cenl.m.(T) Oww:EDAllLV1ZA uA.a CITY OF SAN JUAN CAPISTRANO w P DOCUMENT TRANSMITTAL FORM This form is for the transmittal of documents for signature. Cq�/FURN�r (e.g. Agreements, Contracts, Deeds, Easements) Date: 5 // �� I3 A/geada Item /No. (if Applicable): 1 �3 City Council, SJCBA or SACRA Meeting Date (ifapphcable): PSA //(--6yACr- r I nn ''/I Brief description of document and/or services provided: PSA 41 L CNV &yl e� �//2j' hj U Submitting Department: V- D. Staff Contact: t1 S7/ Af Please sign each original of the attached document, where indicated and circulate in the below route order as applicable (Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed original to the contractor/consultant. Step 1 ❑ Purchasing- For Procurement Contracts/Agreements (if applicable) x$3,000 or less — (Delwrvnenr Head }Aushorlm-Na Pr hirre Order Requlr'ed-STOP fmlrermuungnmrrecersapg 01 - $10,000—(A,,,aaenr Head',,Auarunnl $10,001•$45,000—(City Af grr'e Audmrrnl 0$45,001 or over—(pry Cour.IAppromlRequ, d') -DW. ofCoancil Approval: or Resulmiaa No. Public Contracts $45,000 or less — (Cay Alanager'.r olvdroap• Required) Public Contracts over $45.000—(Cin Ce..I'+ Aulhorlrr Rowred')-Date f(o..0 Approrae. or Resolution. No: Step 2 ❑ Department Head Step 4 ❑ Finance �mmereial/General Liability 12TAcklitional Insured Endorsement , iability 0 Worker's Compensation LJ Professional/Errors and Omissions =Not Applicable Public Works Contracts- Labor/Material & Performance Bonds Step 7 ❑ City Clerk (For Final Routing) 0 Approval Process C'einpleted - Copy of Contract Transmittal Form with documents forwarded to FS Department or back to the originating department as appropriate. 0 Denied - Returned to submitting department. Please provide the following and return to the City Clerk's Office: City Clerk's Initial'sMane: Page I oft Approved Q Funding Available Not Approved No Funding Available Not Applicable da Budget Amendment Required Director's Initials/DateeQ'UC Notes: Finance Initials/Date Step 3 ❑ CityAttomey Step 5 ❑ City Manager 0 Approved Q Not Approved Not Applicable FTnifl.1 City Attorney's Initials/Dale 's Dxtc Step 6 Insurance Requirements (if applicable) 471ark the requirements included in the anached docnrrrem. �mmereial/General Liability 12TAcklitional Insured Endorsement , iability 0 Worker's Compensation LJ Professional/Errors and Omissions =Not Applicable Public Works Contracts- Labor/Material & Performance Bonds Step 7 ❑ City Clerk (For Final Routing) 0 Approval Process C'einpleted - Copy of Contract Transmittal Form with documents forwarded to FS Department or back to the originating department as appropriate. 0 Denied - Returned to submitting department. Please provide the following and return to the City Clerk's Office: City Clerk's Initial'sMane: Page I oft I. Contractor/Consultant Name: 2. Business License*:Yes ❑ No License Number: �2' Date ofExpiration—, 2- 3t 13 *Lf work is performed in the City, a Business License is required. 3. Contract Amount: $ O� 4. Budget Account Number: S6- 9g61 c!- (,-7 1- 13 (o 03-e"' 5. City S,erNi es and Facilities to be provided (If Applicable): 6. Is this a standard City contract? IJ Yes []No If no, explain: 7. Are two �dz ori finalontasudmi�d? yYe�o If„aIain: V."S!oteef 'L5 8. Contract Date: Expiration Date: 9. Insurance Certificate (if applicable) attached: ❑—,',Yees ❑ No If no, explain: 10. Purchase (j'applicable) Requisition attached: 14 Yes ❑ No If no, explain: 11. Bid Recap (i pplicable)/attached• E] Yes No If no, explain: �PP 12. W-yorm (if applicabl ) attached, 0 Yes �No If no, explain: I ST u.fh II ..P�...��aa�K 13. 14. New Vendor Application Foo/rm (Japplicable) attached: ElI-1 leo Yes If no, explain: 1Ri5-rl"t!, V&,L-lz)r Does this document need to be recorded? ❑ Yes o If Yes, please provide only one original copy. The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the information on this Contract Transmittal Form has been received by finance through the City Clerk's Office. Page 2 of 2 Date of Request Requesting Dept Signature of Dept Head LEGAL SERVICES REQUEST FORM City of San Juan Capistrano City Attorney's Office PLEASE SUBMIT ALL DOCUMENTS ELECTRONICALLY AP91L 22, 2013 UT(LI TI eS Primary Contact Person (Project Manager) ❑ Urgent (Same Day) 0 High Priority (2 Days) 0 Regular (2 Weeks) ❑ Lower Priority (2+ Weeks) Due Date: JLA5-n11 VLV-K Phone p/ E-mail R49- 443 -b 3 S I RAK5 E 5PEC5 F62 5T Project Name ivoee RF.cyLLEDPIpEiLiaG((6DALHANL1) NATURE OF REQUEST .9 Review Draft Agreement/Contract p Review Report & Draft Resolution for PC Agenda 0 Draft/Review Municipal Code Amendment p Legal Opinion p Review Report & Resolution for CC Agenda p Other (please describe): 0 Review Report & Prepare Ordinance for CC Agenda List of Attached Materials: 2 (PPIES OF A PE12-5"L6FRVICEs A4FEEMENT yViTI4 FDALm rnJZA &WO ATE5 Background Information: LYC�P�EMEIlT To P-e'PAINI ED ALJ`A4rS ZA e As,5oaArEs rc Pi2rvA9-E RAr16 5 ,c ocATwl5 FoentEF s ,\jju4&1ce aK pzoAp _P,�WLeD 0A7T--2 PIPELIMLIE PP0SECT- BELO W FOR ATTORNEY USE 0 Need further back-up info: Completion Date: City Attorney comments: FINALAPPROVAL: 0 City Attorney By Attorney: No, mW2011 32400 PASEO ADELANTO SAN JUAN CAPISTRANO. CA 92675 (949) 4931171 (949) 4931053 FAx WH90.$[!II/N(I/I[u/n vlr4nU.Org TRANSMITTAL TO: Ed Almanza and Associates P.O. Box 9396 Laguna Beach, CA 92652 DATE: May 14, 2013 FROM: Manny Ruelas, Office Assistant (949) 443-6308 MEMBERS OF THE CITY COUNCIL SAMA1UNATO ROT L BYRNES. M.D. WIRY KRAMER DEREK REEVE JOHN TAYLOR RE: Personal Services Agreement— Prepare Plans and Specifications for the San Juan Creek Road Recycled Water Pipeline 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 the agreement. If you have questions related to insurance requirements, please call Manny Ruelas, Office Assistant at (949) 443-6308. If you have questions concerning the agreement, please contact Justin Kirk, Senior Management Analyst at (949) 443-6381. Enclosed is an original agreement for your records. Cc: Justin Kirk, Senior Management Analyst San Juan Capistrano: Preserving the Past to Enhance the Future i�.i R,,,,,va � ,00x aprxe cwa