13-1203_KEETON KREITZER CONSULTING_Personal Services AgreementPERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this, ·t-c~ay
of JlrcnJ}xy, 2013, by and between the City of San Juan Capistrano (hereinafter
referred to as the "City") and Keeton Kreitzer Consulting, (hereinafter referred to as the
"Consultant").f
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
proposal to perform environmental consulting services for the Northwest Open Space
Swanner House Sanitary Sewer 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.
Under the direction of and in coordination with the City's Environmental
Administrator, Consultant shall perform environmental analysis pursuant to the California
Environmental Quality Act ("CEQA") and CEQA state and local guidelines with respect to
the City's proposed sewer line in the North Open Space, more particularly as set forth in
the scope of work, attached as Exhibit A, and incorporated herein by reference. To the
extent that there are any conflicts between the provisions described in Exhibit "A" and
those provisions contained within this Agreement, the provisions in this Agreement shall
control.
Section 2. Term.
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than nine(9) months after the
notice to proceed.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services shall not exceed $23,575.00, 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
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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
under this Agreement until written instructions are received from the City.
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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
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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
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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 (1 0) 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.
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 (1 0) 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 (1 0) day cure period.
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Section 16. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
To City:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Keith VanDer Maaten
Keeton Kreitzer Consulting
P.O. Box 3905
Tustin, CA 92781-3905
Attn: Keeton Kreitzer
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.
Section 20. Counterparts and Facsimile signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN .CAPISTRANO
By: ej{'{){l? '-
Karen P. Brust, City Manager
KEETON KREITZER CONSULTING
By: ________________________ __
Keeton Kreitzer, Principal
APPROVED AS TO FORM:
orney
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
By: ______________________ ___
Karen P. Brust, City Manager
KEETON KREITZER CONSULTING
r ,., ... ~
.; ' ~ / :
By: Luv f'nv{;-<vl~ ~'
Keeton Kreitzer, Principal / ,
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ligten, City Attorney
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August 28, 2013
Mr. Stephen Liao, P.E.
Utilities Department
City of San Juan Capistrano
32400 Paseo Adelanto
Keeton Kreitzer Consulting
P. 0. Box 3905
Tustin, CA 92 781-3905
San Juan Capistrano, CA 92675
SUBJECT:
Dear Mr. Liao:
Proposed Northwest Open SpacejSwanner House Sanitary Sewer Project
Proposal for Environmental Consulting Services
I am pleased to present you with this proposal for environmental consulting services, specifically to prepare
an Initial Study/Mitigated Negative Declaration for the Northwest Open SpacefSwanner House Sanitary
Sewer project proposed by the City of San Juan Capistrano. The scope of work is based on my understanding
of the project as described in the information provided to me by the City and my understanding of the
environmental review process. As you will see, I have provided you with a comprehensive scope of work that
encompasses all aspects of the work program necessary to complete the environmental review process. The
several tasks identified in the work program/scope of work address project management, sub-consultant
studies, environmental analysis, coordination with appropriate public agencies, public hearings, and
preparation oflegal notices.
I have prepared scores of environmental documents since 1973 for development projects located throughout
southern California. This experience ranges from small residential subdivisions to large, mixed use
developments, including redevelopment projects and those for special districts (e.g., water agencies, school
districts, etc.). That extensive experience has provided me with a strong background in environmental
impact analysis and land use planning, particularly related to land use compatibility and policy plan
consistency issues. I understand the most recent revisions to the State CEQA Guidelines that became
effective this year.
The proposal that follows reflects our understanding of the project and our view of the issues associated with
the construction of a sewer lateral proposed to extent from the Swanner House across undeveloped open
space and a remnant citrus orchard to an existing 33-inch gravity sewer that extends along the western limits
of the Southern California Regional Rail Authority (SCRRA) right-of-way. It is important to note that the
objective of the project is to provide sanitary sewer service to the Swanner House, which is an historically
significant structure, which is listed on both the City's Inventory of Historic & Cultural Landmarks (IHCL) and
the National Register of Historic Places (NRHP). In addition, the Swanner House and the alignment of the
proposed 6-to 8-inch sewer line are located in an area of the City within the Northwest Open Space where
significant cultural resources, including human remains, have been encountered. The environmental analysis
conducted for the proposed sewer improvement project will evaluate the potential impacts of the proposed
sewer extension project, including excavation of the trench and related site preparation and construction of
the sewer.
P. 0. Box 3905, Tustin, CA 92781-3905-(714) 665-8509
Email: kkcousultiug@sbcglobal.net
EXHIBIT A-13 PAGES
Mr. Stephen Liao, P.E.
City of San Juana Capistrano
August 28, 2013
Page Two
Thank you for the providing me with the opportunity to provide the City of San Juan Capistrano with this
proposal for environmental consulting services. I am looking forward to hearing from you and, if necessary,
meeting with you and/or representatives of the City to discuss the proposed project and scope of work
presented in my proposal.
If you have any questions as you review the proposal, please don't hesitate to call me.
Very sincerely,
KEETON KREITZER CONSULTING~
lw)w~!J47~ )
Keeton K. K~eitzer .....-~ .. ?:..., ........--
Principal
KKK:rjr
Enclosure
P. 0. Box 3905, Tustin, CA 92781-3905-(714) 665-8509
Email: kkcmzsulting@sbcglobal.tzet
PROPOSAL FOR THE PREPARATION OF AN
INITIAL STUDY/(MITIGATED) NEGATIVE DECLARATION
NORTHWEST OPEN SPACE-SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISTRANO, CA
I. INTRODUCTION
Keeton Kreitzer Consulting (KKC) regards the environmental review process as a critical one because if a
project is ever going to be challenged, it will be done so first through the environmental review process. Due
to the nature of the proposed project and the potential for significant effects upon the existing environment
wherein the project is located, it is important that an initial study (IS) be prepared that adequately and
thoroughly addresses the issues that may be identified by the City of San Juan Capistrano for the proposed
Swanner House Sanitary Sewer Project located in the City's Northwest Open Space. It is anticipated that the
initial study will result in the preparation of a (Mitigated) Negative Declaration (MND).
The initial study prepared by KKC will analyze the project utilizing the City's environmental checklist to
ensure that each of the significant issues identified on the checklist is thoroughly and adequately addressed.
As reflected in the scope of work that follows a step-by-step approach to respond to the mandated
environmental review process has been provided. Coordination with the City of San Juan Capistrano Public
Works Department and Community Development Department staff is also a significant element of the scope
of work proposed by KKC. Finally, KKC also recognizes the need to meet with the City as an integral
component of the environmental review process to provide necessary support to the City when describing
the need for, as well as the nature and extent of, the environmental analysis to be undertaken for the
proposed project. Other important components of the scope of work include the attendance at public
hearings and completion of the technical studies and other related documents to support the environmental
analysis.
The proposal that follows reflects our understanding of the project and our view of the issues associated with
the construction of a sewer lateral proposed to extent from the Swanner House across undeveloped open
space and a remnant citrus orchard to an existing 33-inch gravity sewer that extends along the western limits
of the Southern California Regional Rail Authority (SCRRA) right-of-way. It is important to note that the
objective of the project is to provide sanitary sewer service to the Swanner House, which is an historically
significant structure, which is listed on both the City's Inventory of Historic & Cultural Landmarks (IHCL) and
the National Register of Historic Places (NRHP). In addition, the Swanner House and the alignment of the
proposed 6-to 8-inch sewer line are located in an area of the City within the Northwest Open Space where
significant cultural resources, including human remains, have been encountered.
As indicated above, project implementation will require the excavation of a trench that is approximately
three feet wide to a depth of not more than four feet. Although the final design has not been completed, it is
anticipated that the sewer will extent approximately 600 to 800 feet from the Swanner House to an existing
discharge line to a settling basin on the east side of the tracks before being discharged into the 33-inch sewer
main that is owned and operated by the Moulton Niguel Water District (MNWD).The environmental analysis
conducted for the proposed sewer improvement project will evaluate the potential impacts of the proposed
sewer extension project, including excavation of the trench and related site preparation and construction of
the sewer.
Proposal for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28,2013
1
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
II. SCOPE OF SERVICES
As indicated above, the scope of services for the Initial Study/Mitigated Negative Declaration (!SjMND)
comprises several discrete steps that implement both the State and City of San juan Capistrano California
Environmental Quality Act (CEQA) Guidelines. The major objective to be achieved is the approval of the
IS/MND that will require the implementation of several tasks to be undertaken that include, but not limited
to, the following: (1) project management and coordination; (2) research and analysis required for the
preparation of the IS/MND; (3) IS/MND processing and public participation; (4) preparation of the Final
IS/MND; (5) preparation of the Mitigation Monitoring Program; and (6) attendance at public hearings. Each
work task to be undertaken is identified and described below.
Task One -Project Coordination
Project coordination will be an integral part of the planning process. As a result, this task will involve
coordination of all work to be undertaken to prepare the Draft IS/MND. In order to ensure that work
associated with the preparation of the Draft IS/MND is progressing in accordance with the schedule,
meetings as determined necessary will be conducted that include representatives of KKC, project applicant
andjor technical consultants retained by the applicant, City staff, and/or other agencies having an interest in
the proposed project. Specifically, this task will accommodate up to two (2) such meetings. The remainder of
this task encompasses day-to-day project management and coordination necessary to complete the
environmental analysis. The KKC project manager will coordinate the work efforts of the individual technical
consultants to ensure that their work addresses the issues prescribed in the City's environmental checklist.
In addition, the entire work effort will be conducted pursuant to the City's environmental review process. As
a result, close coordination with the City's project manager will be necessary.
In summary, this task will include:
• Consultation with City of San juan Capistrano staff and other responsible agencies as
determined necessary to address the environmental review process and environmental
issues; and
• Attendance at up to two (2) meetings with City staff and the consultant team.
Estimated Time Frame: As Required
Estimated Budget: $1,800.00
Task Two-Preparation of the Preliminary Initial Study
KKC will prepare the initial study for the proposed project. Specifically, the purpose of the initial study is to
thoroughly analyze each of environmental issues included in the City's environmental checklist so that it can
be shown that potential impacts resulting from project implementation will be less than significant or, where
potentially significant impacts may occur, such potentially significant impacts would be reduced to a less
than significant level with the incorporation of mitigation measures. The initial study will contain
environmental analysis to support the conclusion that where an environmental impact has been identified as
less than significant, no further analysis is required. The environmental analysis included in the initial study
will be based on the existing data base and related technical studies that are germane to development of the
Proposal for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-Sanjuan Capistrano, CA
August 28,2013
2
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
affected environment. Where necessary, information and technical analysis prepared by the consultant team
as well as the applicant's project engineer and other technical specialists will also be used to evaluate the
potential impacts associated with project implementation. This analysis, therefore, must be necessarily
comprehensive and exhaustive. In addition, for potentially significant impacts that may be identified, specific
mitigation measures will be prescribed to ensure that the potentially significant impact(s) would be
eliminated or reduced to a less than significant level. In some cases, potentially significant impacts may be
reduced or eliminated through the implementation of standard conditions required either by the City San
Juan Capistrano or a responsible/permitting agency.
Estimated Time Frame: 4 Weeks
Estimated Budget: $12,400.00
Task Three-Preparation of the Draft Initial Study
KKC will revise the initial study based on the comments made by City staff. If the analysis conducted for the
proposed project concludes that the potentially significant adverse impacts can be mitigated, KKC will
prepare the Draft ISjMND for distribution and public comment. Once completed and approved by City staff,
the Draft document will be printed and distributed for a thirty (30) day public review and comment period as
required by the State CEQA Guidelines for projects of statewide significance. KKC will prepare and mail the
Notice of Intent (NO!) to Adopt an MND to the distribution list developed by KKC in cooperation with City
staff. The Notice of Completion (NOC) will be transmitted to the State Clearinghouse with the 15 copies of the
IS/MN required by that agency.
Estimated Time Frame: 1 Week
Estimated Budget: $1,980.00
Task Four-Response to Public Comments
At the end of the State-mandated 30-day public review period, all comments received by the City from local,
State and other responsible agencies and interested parties will be forwarded to KKC. Each comment will be
addressed as it relates to the adequacy of the environmental contained in the IS/MND. An appendix to the
IS/MND will be prepared that includes a listing of each agency/individual commenting on the Draft IS/MND,
the correspondence received from the commentator, and the responses prepared for each relevant comment.
A total of fifteen (15) copies of the responses to public comments appendix (i.e., Draft Final IS/MND) will be
submitted to the City of San Juan Capistrano.
Estimated Time Frame: 2 Weeks
Estimated Budget: $1,980.00
Task Five-Final IS/MND
Prior to approval of the IS/MND at the City Council hearing conducted for the proposed project, the Final
IS/MND will be prepared. That document will consist of the response to comments appendix and all
necessary testimony and minutes of the public hearings. If necessary, the Final IS/MND will include
Proposa/for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28, 2013
3
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
"underline/strikeout" (i.e., "track changes) revisions that reflect changes resulting from comments received
during the public review and comment period. A total of three (3} printed copies of the Approved Final
lS/MND will submitted to the Community Development Department.
Estimated Time Frame: 1 Week
Estimated Budget: $920.00
Task Six-Preparation of Mitigation Monitoring Program and Legal Notices
This task includes the preparation of the Mitigation Monitoring and Reporting Program (MMRP) for the
proposed project. This document will be presented to the City of San Juan Capistrano and will identify each
mitigation measure to be carried out if the project is implemented, the entity that will be responsible for
implementing the mitigation measure(s), and when each measure will be implemented. KKC will also be
responsible for distributing the document to the list of recipients, preparing the NOC, and mailing the
required number of copies to the State Clearinghouse (SCH} for review. 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. Should the Initial Study conclude that the project would have no
effect on wildlife resources as provided by Section 711.4(d) of the California Fish & Game Code, KKC shall
prepare and submit the required "No Effect Determination" (NED) form to the appropriate office of the
California Department of Fish & Wildlife to request a waiver of the CDFW fees. Finally, KKC will also prepare
the Notice of Determination (NOD), which would be filed with the Orange County Clerk/Recorder within five
(5} days of project approval are prescribed by the CEQA Guidelines.
Estimated Time Frame: 1 Week
Estimated Budget: $920.00
Task Seven -Public Hearings
KKC will attend up to two (2) public hearings, including one (1) public hearing before the San Juan Capistrano
Planning Commission and one (1) public hearing before the City Council. The Project Manager will attend
each and be responsible for making all presentations and responding to questions raised during the public
meetings and/or hearings as directed by City staff. Should additional meetings and/or hearings be required,
they will be charged at the appropriate hourly rate, upon authorization by the City of San Juan Capistrano.
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Task Eight-Document Distribution
KKC will be responsible for distributing the legal notices, including the NO! and NOA/NOC for the Draft
IS/MND. As required by CEQA and the State CEQA Guidelines, the NO! and NOA/NOC will be distributed with
the IS/MND via certified mail or other means that produces proof of receipt. The 15 copies distributed to the
State Clearinghouse will be delivered via Express Mail, if determined necessary by the City, to ensure
overnight delivery in order to expedite initiation of the 30-day public review process. In addition, because
Proposal for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28, 2013
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
the site does not support any native habitat and/or sensitive biological resources, KKC will also prepare the
"No Effect Determination" form required by the California Department of Fish and Wildlife (CDFW), in order
to waive the CDFW filing fee that is required at the time the NOD is filed with the Orange County
Clerk/Recorder. This No Effect Determination form will be submitted to the City for review prior to sending
it, along with the Draft IS/MND to CDFW.
Estimated Time Frame: As Required
Estimated Budget: $320.00
Proposal for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28, 2013
5
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
Ill. PROJECT SCHEDULE
The scope of services through Task Two (i.e., submittal of the Preliminary IS/MND) presented in this
proposal can be accomplished in approximately four ( 4) weeks from issuance of the receipt of all of the
project-related and technical information identified in Section VII. This schedule is presented below.
Tentative Project Schedule
Northwest Open SpacejSwanner House Sanitary Sewer Project
City of San Juan Capistrano, CA
Estimated
Task Description Time
1 Project Management As Required
2 Preparation of the Preliminary IS/MND 4 Weeks 1
Screencheck Review 2 Weeks
3 Pre_paration of Draft IS/MND 2 Weeks
Notice of Completion/NOI to Adopt a Draft IS/MND 4 Weeks
4 Response to Comments 2 Weeks
5 Preparation afFinal IS/MND 1 Week
6 Preparation ofMMRP and Legal Notices 1 Week
7 Public HeariJ!gs As Required
8 Document Distribution 1 Day
1 From receipt of all requisite information related to the project description and related
technical studies and/or information.
Proposa/for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28,2013
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PROPOSAL FOR ENVIRONMENTAL CONSUL T/NG SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
IV. ESTIMATED BUDGET
The scope of services and work project described in Section II of this proposal will be undertaken and
completed for an estimated fee of $23,575.00. This fee includes project management, preparation of the
environmental impact analysis (including the Draft and FinallS/MNDs), printing and distribution of the Draft
IS/MND, attendance at public hearings, and payment of the NOD filing fee.
Task
1
2
3
4
5
6
7
8
Direct
Expanse
s
No-to-Exceed Budget Summary by Task
Northwest Open SpacejSwanner House Sanitary Sewer Project
City of Sanjuan Cap_istrano, CA
Responsibilities Hourly Rate Hours
Attend Meetings $150.00 12
Task 1 -Sub-Total
Prolect Review $150.00 8
Report Preparation $115.00 60
Research and Analysis $ 90.00 20
Graphics $ 75.00 12
Administrative/Word Processing $ 40.00 40
Task 2 -Sub-Total
PrincijJ_al $150.00 4
Report Preparation $115.00 12
Task 3-Sub-Total
Principal $150.00 4
Report Preparation $115.00 12
Task 4 -Sub-Total
Report Preparation $115.00 8
Task 5 -Sub-Total
Report Preparation $115.00 8
Task 6-Sub-Total
Principal $150.00 8
Task 7 -Sub-Total
Administrative $40.00 8
Task 8 -Sub-Total
Sub-Total -Professional Fees
Printing and Reproduction
Postage and Delivery
Su_pplies
Sub-Total -Direct Expenses
Total-Not-to-Exceed Fees
Proposal for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28,2013
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Budget
$1,800.00
$1,800.00
$1,200.00
$6,900.00
$1,800.00
$900.00
$1,600.00
$12,400.00
$600.00
$1,380.00
$1,980.00
$600.00
$1,380.00
$1,980.00
$920.00
$920.00
$920.00
$920.00
$1,200.00
$1,200.00
$320.00
$320.00
$21,500.00
$1,750.00
$250.00
$75.00
$2,075.00
$23,575.00
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
.NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
V. RESUME OF KEETON K. KREITZER, PRINCIPAL
Keeton K. Kreitzer is the Principal and acts as an independent consultant, performing environmental review
and analysis pursuant to the California Environmental Quality Act. Mr. Kreitzer conducts all of the work
undertaken by the firm. This is an advantage to clients seeking sound environmental consulting services. Mr.
Kreitzer brings 40 years of environmental consulting experience to the table and has worked throughout the
County of Orange and adjacent counties and local municipalities throughout the region, including cities,
school districts, water districts, redevelopment agencies, and other "lead agencies." However, if the need
arises for large projects, Mr. Kreitzer is able to draw from a reservoir of similarly qualified environmental
specialists who are, like him, independent contractors with far reaching experience and expertise in the
preparation of both CEQA and NEPA documents. Mr. Kreitzer's resume is presented below.
Mr. Kreitzer has more than 25 years of experience in the field of environmental planning. He has recently
reestablished his own environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public
and private sector clients with high level, personalized environmental consulting services, including the
preparation of environmental documents pursuant to CEQA and NEPA. Mr. Kreitzer's education and
background are diverse and include not only environmental analysis but also urban planning. He has been
personally responsible for the preparation of more than 200 environmental documents required pursuant to
the California Environmental Quality Act (CEQA) and has also prepared environmental studies mandated
under the National Environmental Policy Act (NEPA).
Education:
Experience:
California State University, Fullerton
Bachelor of Arts in Geography (1975)
Santa Ana College
Associate of Arts in Liberal Arts (1973)
1998-Present Owner/Principal-Keeton Kreitzer Consulting
Villa Park, CA
1997-1998
1984-1997
1978-1984
1973-1978
Associate-David Evans and Associates, Inc.
Laguna Hills, CA
Owner/Principal-Environmental Perspectives
Santa Ana, CA
Associate-The Planning Center
Newport Beach, CA
Environmental Planner-HaworthjAndersonjLafer
South Laguna, CA
Proposal for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-Sanjuan Capistrano, CA
August 28, 2013
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
VI. LIST OF RELATED/SIMILAR PROJECTS
Keeton Kreitzer Consulting has prepared numerous environmental documents for public works
improvement projects in San Juan Capistrano and other cities and unincorporated areas of Orange County.
These projects required environmental analysis for a variety of public works projects, including street
widening and/or improvement projects, storm drain projects, bridge widening projects, water system
expansion projects, and flood control improvement projects. Each of the projects listed below
Sun Ranch Storm Drain -San Juan Capistrano, CA
KKC prepared the initial study/mitigated negative declaration (IS/MND) for the Sun Ranch storm drain
project proposed by the City that included the installation of approximately 1,500 linear feet of buried 48-
inch diameter reinforced concrete pipe (RCP) storm drain pipeline along a natural drainage course along the
southwesterly side of Tract 6 7 42 in San Juan Capistrano to accommodate peak storm water flows.
San Juan Creek Road Widening-San Juan Capistrano, CA
KKC is under contract with the City of San Juan Capistrano to prepare the IS/MND for the widening of San
Juan Creek Road between Camino Capistrano and Valle Road and local widening of Valle Road to relieve
congestion and provide for pedestrian and bicycle traffic. The purpose of the project is to provide an
additional eastbound lane behind the south side freeway bridge columns as well as to provide a sidewalk and
bicycle path behind the north columns and a future westbound traffic Jane. Project implementation will
necessitate the acquisition of right-of-way along a segment along the north side of San Juan Creek Road.
Del Obispo Street Bridge Widening-San Juan Capistrano, CA
The Del Obispo Street circulation improvements included widening Del Obispo Street between Alipaz Street
and Paseo Adelanto, including the Trabuco Creek Bridge (Bridge No.SSC0396) on both sides, as well as
providing minimal repairs to existing structure like sealing joints, construction of closure walls for bridge
slope reinforcement, and channel improvements. KKC prepared both an IS/MND and a Preliminary
Environmental Study (PES), which was required by Cal trans, for the project, which has since been completed.
Groundwater Reclamation Plant (GWRP) Expansion -San Juan Capistrano
KKC prepared and Environmental Information Document (EID) for the City of San Juan Capistrano. The EIR
was required by the Environmental Protection Agency in order for the City to receive federal grant money for
the GWRP expansion project. The GWRP Expansion and Regional Domestic Distribution Facility project
proposed to expand the current capacity of the existing treatment facility to 6.25 million gallons per day (mgd) from
its current capacity of5.14 mgd.
Miscellaneous Public Works Projects -Orange County, CA
KKC has also prepared several IS/MNDs for public works project as an on-call CEQA consultant to the
Regulatory Permits section. Project for which environmental analysis was conducted include: Midway City
Storm Drain and Street Improvement Project, Santiago Canyon Road Bridge Widening Project, Skyline Drive
Storm Drain Project, Santa Ana-Delhi Channel Flood Control Slope Bank Improvement Project, and the San
Juan Creek Channel Levee Improvement Project.
Proposal for Environmental Consulting Services
Northwest Open Space/Swanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28,2013
9
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAPISATRANO, CA
VII. RESPONSIBILITY OF THE CITY OF SAN JUAN CAPISTRANO
The following information shall be provided to the consultant in order to complete the analysis described in
this proposal.
1. All previous environmental documents prepared for the Northwest Open Space and vicinity
of the property, including the Cultural Resource Assessment(s) prepared for the nearby Dog
Park.
2. All pertinent technical analyses prepared for City necessary to prepare the Draft lSjMND,
including, but not limited to: (1) preliminary geotechnical report; (2) hydrology and
engineering (i.e., pre-and post-development drainage, sewer assessment, and water supply
assessment); (3) Water Quality Management Plan (WQMP); (4) Phase I and (if necessary)
Phase II Environmental Site Assessments; andjor related technical studies undertaken by
the City of San Juan Capistrano on the subject property.
3. A large-scale topographic map (i.e., 1" = 100') of the subject property (in reproducible form).
4. Aerial photograph.
5. Aerial photograph, if available.
6. A complete project description, including the discretionary action necessary to implement
the proposed project.
7. Conceptual Sewer Design, Conceptual Grading Plan, etc.
8. Anticipated Construction Schedule.
9. Numbers and types of equipment used to excavate and construction the sewer line.
Proposal for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28,2013
10
PROPOSAL FORENVIRONMENTAL CONSULTING SERVICES
NORTHWEST OPEN SPACE/SWANNER HOUSE SANITARY SEWER PROJECT
CITY OF SAN JUAN CAP/SATRANO, CA
VIII. STATEMENT OF OFFER/TERMS OF AGREEMENT
KKC and the technical consultants identified in this proposal are prepared to begin work on the Northwest
Open SpacefSwanner House Sanitary Sewer Project IS/MND immediately upon execution of the contract You
may be assured that should we be selected to provide the environmental services described in this proposal,
we shall devote our full resources to the project and will approach it with the highest degree of enthusiasm,
objectivity, and professionalism possible.
We shall perform all work described in this proposal for a not-to-exceed budget of $23,575.00. This offer is
valid for a period of ninety (90) days. It should be emphasized that these costs are based upon the
assumptions made on the scope of the project; should the scope change significantly, necessitating a change to
the work program, we will contact you immediately and amend both the scope of services and estimated
budget accordingly.
Offer Presented By:
(Jujor./AJJ~r~7 )
t .\ /( _ _,
Keeton K Kreitzer, Principal ~~
KEETON KREITZER CONSUL TIN~ """'
I
Date: August 28, 2013
Proposal for Environmental Consulting Services
Northwest Open SpacejSwanner House Sanitary Sewer Project-San juan Capistrano, CA
August 28, 2013
11