16-0419_KEETON KREITZER CONSULTING_F15_Agenda ReportTO :
FROM :
SUBMITTED BY:
PREPARED BY :
DATE :
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
~n Siegel, City Manager
Joel Rojas, Development Services ~
David Contreras, Senior Planner ~
April 19, 2016
4/19/2016
F15
Consideration of a Professional Services Agreement with Keeton
Kreitzer Consulting for the Preparation of an Initial Study (IS)
Pursuant to the California Environmental Quality Act (CEQA) for the
Proposed Inn at the Mission San Juan Capistrano (Dan Friess,
Mission Commercial Properties, Inc.).
RECOMMENDATION :
By motion, approve a Professional Services Agreement with Keeton Kreitzer Consulting
for the preparation of an Initial Study (IS), pursuant to the California Environmental
Quality Act (CEQA), for the proposed Inn at the Mission San Juan Capistrano project at
a cost not to exceed $75,354 to be funded by the applicant.
EXECUTIVE SUMMARY:
Pursuant to the City's Purchasing Procedures and Policies, City staff solicited and
received proposals from environmental consulting firms for the preparation of an Initial
Study (IS) for the proposed Inn at the Mission San Juan Capistrano project. The
Request for Proposals (RFP) was circulated between February 26, 2016 and March 14,
2016. The Initial Study (IS) is required for the proposed modification to the certified EIR
for the prior Plaza Banderas Hotel project. The EIR for that project was certified by the
City Council on October 5, 2010. The cost of the Initial Study will be funded by the
project applicant, South Coast Investors II, LLC (Applicant). Staff recommends that the
City Council approve a Professional Services Agreement with Keeton Kreitzer
Consulting for the completion of this work (Attachment 1 ).
DISCUSSION/ANALYSIS:
The Inn at the Mission San Juan Capistrano is a proposal for a new hotel to include 124
rooms, a restaurant, banquet facilities, swimming pool, kids club and fitness center
City Council Agenda Report
April 19, 2016
Page 2 of 3
located at 26891 Ortega Highway. The project is considered a modification to the Plaza
Banderas Hotel project that was approved in 2010 by the City Council.
The City's Request for Proposals (RFP) included scope of work requirements that
provided the general framework for the consulting firms' proposals (Attachment 2). In
response to the RFP, the City received proposals from two (2) firms:
Environmental Intelligence, LLC:
Keeton Kreitzer Consulting:
$37,874.80
$75,354.00
The Keeton Kreitzer Consulting cost proposal is significantly higher than Environmental
Intelligence because Keeton's proposal outlines the process and cost required for
preparing an Initial Study including a Focused Traffic Impact Analysis and View
Simulations; and also includes a cost estimate for other subsequent environmental
documents that may be required based on the outcome of the Initial Study.
Staff evaluated the proposals, conducted a review of each firms' project managers to
evaluate each firms' qualifications, experience, and capability, consistent with the
requirements of State law. As a result of the proposal review process, staff determined
that Keeton Kreitzer Consulting was the most qualified firm to conduct this work
because this firm prepared the prior Plaza Banderas Hotel EIR and is familiar with the
site and the environmental setting. The applicant has reviewed the proposals and
concurs with the staff recommendation.
FISCAL IMPACT:
The entire California Environmental Quality Act (CEQA) work performed under this
Professional Services Agreement will be solely funded by the project Applicant. Should
the City Council approve the agreement, the Applicant will be required to deposit the
entire contract amount prior to the City issuing a Notice to Proceed to the consultant.
ENVIRONMENTAL IMPACT:
Not applicable. The action is not a project under State CEQA Guidelines § 15378(a)
because it has no potential to result in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment.
Further, the action is exempt from CEQA under the commonsense exemption in State
CEQA Guidelines section 15061(b), which exempts any activity for which it can be seen
with certainty that there is no possibility of a significant effect on the environment.
PRIOR CITY COUNCIL REVIEW :
On October 5, 2010, the City Council certified the Final Environmental Impact Report
(FEIR) for Plaza Banderas Hotel.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable .
City Council Agenda Report
April 19, 2016
Page 3 of 3
NOTIFICATION:
Environmental Intelligence, LLC.
Keeton Kreitzer Consulting
Dan Friess, Mission Commercial Properties, Inc.
Jake Griffith, Mission Commercial Properties, Inc.
A TT ACHMENT(S):
Attachment 1 -Professional Services Agreement with Keeton Kreitzer Consulting
Attachment 2 -Request for Proposals (RFP) for Preparation of an Initial Study for Inn at
the Mission San Juan Capistrano
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of , 2016 by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and Keeton Kreitzer Consulting, a sole
proprietorship with its principal place of business at P.O. Box 3905 Tustin, CA 92781-3905
(hereinafter referred to as "Consultant"). City and Consultant are sometimes individually
referred to as "Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Preparation of an environmental document for Mission Inn San Juan Capistrano project
(hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A."
2. Compensat ion.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B."
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $75.354. This amount is to cover all
printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a
detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3. Additional Work .
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
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ATTACHMENT 1
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records , and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City .
5 . Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required in accordance with the project
schedule set forth in Exhibit C attached and incorporated herein . The Notice to Proceed shall
set forth the date of commencement of work.
6. Delays in Pe rfo rm ance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions ; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances ; strikes, lockouts , work slowdowns , and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing , give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws , ordinances, codes and
regulations of the federal, state and local government, including Cai/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies .
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions .
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9. Assignment and Subconsu ltant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independe nt Cons ultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance . Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section . In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Co m me rci al Gene ral Liability
(i) The Consultant shall take out and mai11tain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City .
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following :
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
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insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City , and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobil e Liab ili ty
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City .
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers ' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the prov1s1ons of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensa~ion insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section .
d. Professional Liability (Erro rs and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
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indicated herein . This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend .
e . Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Co mbined Sing le Lim it
$1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1 ,000,000 per occurrence for bodily injury and
property damage
$1 ,000,000 per occurrence
$1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits .
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Ev idence Req uired
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein . Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate , the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Po li cy Provis ions Req uired
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten ( 1 0) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
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the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss .
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one ( 1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability .
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in ·
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M . Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to ,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage . If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees , agents or volunteers .
b. Additional Indemn ity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees ,
agents or volunteers as part of any such claim , suit , action or other proceeding . Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
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therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials , officers,
employees, agents and volunteers.
13. Californ ia La bo r Co de Re quirements .
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq ., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects . If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more , Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable .
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices , hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771 .1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations . It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Ve ri fica ti on 'of Em ployment El igib ili ty.
By executing this Agreement , Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time , and shall require all subconsultants and sub-
subconsultants to comply with the same .
15. Reserved .
16. Laws and Venue .
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange , State of California .
17 Te rmin at ion or Ab an donment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (1 0) calendar days written notice to Consultant. In such
event , City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
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of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination . City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days ' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents . Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City .
19 . Organization
Consultant shall assign Keeton K. Kreitzer, Principal as Project Manager. The Project
Manager shall not be removed from the Project or reassigned without the prior written consent
of the City.
20 . Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid , addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn : David Contreras, Senior Planner
Development Services Dept.
and shall be effective upon receipt thereof.
22. Th ird Party Rights
61147.02100\10974777.1
9
CONSULTANT:
Keeton Kreitzer Consulting
P.O. Box 3905
Tustin, CA 92781-3905
Attn : Keeton K. Kreitzer, Principal
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination .
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto . This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City 's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30 . Prohibited Interests
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Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND KEETON KREITZER CONSULTING
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By:
Pam Patterson, Esq .
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
61147 .02100\10974777.1
KEETON KREITZER CONSULTING
By:
Its : Princi at
Printed Name: Keeton K. Kre itze
12
EXHIBIT A
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8509
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
MISSION INN SAN JUAN CAPISTRANO (FORMERLY PLAZA BANDERAS HOTEL)
SAN JUAN CAPISTRANO, CA
SCOPE OF SERVICES
I. WORK PROGRAM
Introduction
A work program has been developed in response to the City's requirement to ensure that the environmental
review process is carried out in accordance with the California Environmental Quality Act (CEQA) and the City
of San Juan Capistrano adopted CEQA procedures. The scope of work identified in this work program
responds to the City's desire to conduct a preliminary environmental analysis in the form of an initial study
(IS) in order to determine if the proposed Mission Inn San Juan Capistrano would qualify for an Addendum to
the previously certified Plaza Banderas Hotel Final EIR or, if not, the initial study would identify the
appropriate environmental clearance document that would be required to comply with the requirements of
CEQA and the City's adopted CEQA Guidelines.
As reflected in the City's Request for Proposals (RFP), the proposed Mission Inn San Juan Capistrano project
includes modifications to the previously approved Plaza Banderas Hotel project, including modifications to
the hotel, elimination of the retail and office building, reduction in the gross floor area of the restaurant, and a
reduction in the overall project "footprint." In addition, changes have occurred to the circulation system in the
immediate vicinity of the project site (i.e., completion of the Ortega Highway Bridge), which may have changed
the baseline environmental conditions analyzed in the prior EIR. These modifications and changes must be
adequately evaluated to ensure that (1) the project does not result in potentially significant impacts that
would require the preparation of a mitigated negative declaration or (2) conditions identified in Section
15162 of the CEQA Guidelines exist that require the preparation of a subsequent or supplemental EIR.
The project site encompasses 3.62 acres along Ortega Highway in downtown San Juan Capistrano; Horno
Creek abuts the site along the eastern property boundary and the San Diego Freeway is located east of the
creek. The site formerly supported the Mission Inn Motel, a gas station, and a restaurant, all of which have
since been demolished. The site is currently occupied by a small office building and a surface parking Jot. The
applicant, Rivendell Land Company, is requesting approval of an Architectural Control Modification (AC
Modification) to allow for the construction of a 124-room, 4-star luxury boutique hotel rather than the 124-
room 3-star hotel previously approved by the City. The AC Modification requested by the applicant would also
revise the approved Plaza Banderas Hotel AC with additional modifications enumerated in the RFP. Based on
the proposed modifications, the overall intensity of development would be reduced when compared to the
approved project. In addition to the AC Modification, the applicant is also request approval of a Grading Plan
Modification, which is required for the modified building pad elevations and new subterranean parking.
The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this
proposal related to the preparation of the requisite environmental document includes: (1) the provision of
competent, effective environmental analysis project management; (2) preparation of technical studies
determined necessary to adequately analysis the proposed project; (3) competent review of technical studies
required for the environmental analysis; ( 4) preparation of the environmental documentation (i.e., initial
study and addendum or mitigated negative declaration; (5) processing of the environmental documentation
Proposal for Environmental Consulting Services
Mission Inn San juan Capistrano Project
Apri/12, 2016
Page 13
KEETON KREITZER CONSULTING
P. 0. BOX 39051 TUSTIN1 CA 92781-3905
Office: 714-665-8509
and public participation; ( 6) preparation of the final environmental document; (7) attendance at meetings and
public hearings; and (8) preparation of CEQA notices.
It is important to note that the scope of work presented below in this proposal entails a 2-step approach to
implementing the environmental in order to determine the appropriate environmental document that would
be required to adequately analyze the proposed project. Specifically, the environmental analysis undertaken
by KKC includes the preparation of an initial study as the initial step in the environmental review process. The
analysis will compare the potential impacts of the proposed modified project with the findings and
recommendations presented in the certified Plaza Banderas EIR in order to determine if the project qualifies
for an Addendum.
If it is determined that all of the impacts identified during the course of preparing the initial study have been
previously identified and adequately analyzed in the certified Plaza Banderas EIR and, furthermore, are either
"less than significant" or "less than significant with mitigation" and no significant impacts remain as identified
in the prior EIR, the modified project would qualify for an Addendum and no further analysis would be
required. However, if it is determined through the initial study that the proposed modified project would
result in major revisions to the prior EIR due to new significant environmental effects or the severity of
previously identified significant effects, or as a result of changed circumstances under which the project is
undertaken or otherwise identified in Section 15162, the initial study would conclude that a subsequent EIR
determination pursuant to Section 15162 of the CEQA Guidelines would be required . Even if the new or more
severe impact(s) could be mitigated, a mitigated negative declaration cannot be prepared.l It is anticipated
that the scope of the Subsequent or Supplemental EIR would be "focused" only on those issues identified as
"Less than Significant with Mitigation" and "Potentially Significant Impact."
The scope of work presented in this proposal identifies and describes the work effort necessary to complete
the initial study, which would enable the City to determine if an Addendum or a Subsequent or Supplemental
EIR would be required. Because it would not be possible to anticipate the nature and extent of the potential
modified project impacts, a scope and budget for the Subsequent or Supplemental EIR cannot be prepared. In
that event, a revised scope and budget would be submitted to the City for approval.
Sc o pe of Wo rk
Task 1 -Project Coordination/Management
KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the
required environmental document (i.e., Initial Study I Addendum or Mitigated Negative). Project coordination
will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation Meeting as
the first step in that process. That meeting will be held at the first available time after the contract has been
awarded and executed. Participants in the meeting will include representatives of the City of San Juana
Capistrano, KKC, the applicant's consultants (if determined necessary), and project representatives deemed
necessary to provide direction in the planning and environmental review process for the proposed project.
Topics of discussion wlll include the definition of the project description, identification of responsible agencies
and sources of information, and the project schedule. Two subsequent meetings are included in this task as
well as project management and coordination with City staff, project technical consultants, and responsible
agencies, if determined necessary.
lThe Plaza Banderas EIR concluded that a potentially significant unavoidable adverse noise impacts resulting from the use of
construction equipment would remain and a Statement of Overrid ing Considerations was adopted for the project. As a result, ifthe
analysis concludes that a new potentially s ignificant or more severe impacts or other conditions identified in Section 15162 occur, a
Mitigated Negative Declaration finding cannot be made and a Subsequent EIR shall be prepared.
Proposal for Environmental Consulting Services
Mission Inn San juan Capistrano Project
Apri/12, 2016
Page 14
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8509
In summary, this task will include the following sub-tasks:
• Consultation and coordination of the proposed project and environmental document with the
City of San Juan Capistrano to ensure that City policies are incorporated into the Draft
environmental document;
• Consultation and coordination with project technical consultants to ensure that the technical
studies accurately reflect the project parameters and adequately reflect the potential effects
of the proposed project;
• Assurance that the Draft environmental document meets the requirements of CEQA, the State
CEQA Guidelines, and the City's CEQA procedures;
• Coordination with City staff and attendance at up to three (3) meetings with City staff as
indicated above;
Estimated Time Frame: As Required
Estimated Budget: $3,000.00
Task 2 -Sub-Consultant Studies
Because the original Plaza Banderas Hotel project was approved in 2010 and assumed a "buildout" of 2015, it
is likely that baseline conditions upon which the environmental analysis was based have changed (e.g.,
SCAQMD currently uses a different model for quantifying air pollutant and GHG emissions, the Ortega
Highway interchange, which was reflected in the traffic analysis, was not completed, and elevations on site
have changed since the completion of the interchange. Therefore, it is recommended that the following
limited assessments be prepared to facilitate the preparation of the environmental analysis to be conducted in
order to determine if the project-related impacts have been adequate identified in the prior certified Plaza
Banderas EIR.
Air Quality
This assessment would be limited only to estimating construction and operational air pollutant
emissions using the current CaiEEMod2013.2.2 model.
GHG
Similar to the air quality assessment, GHG emissions would also be estimated utilizing the current
SCAQMD-recommended methodology.
Noise
A noise confirmation assessment is proposed to determine if the project-related traffic, when added
to the existing and future traffic volumes would not exceed the noise levels previously estimated for
the prior project.
Proposal for Environmental Consulting Services
Mission Inn San juan Capistrano Project
Apri/12, 2016
Page 15
Traffic
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8509
A traffic impact analysis (TIA) would be prepared pursuant to the City of San Juan Capistrano
Administrative Policy 310, Preparation and Use of Traffic Reports. For the purposes of this proposal,
the traffic study will focus on the Project's traffic impacts at the eight (8) intersections (including
three (3) Project Driveways), six (6) roadway segments and Synchro Operational Analysis for one (1)
roadway segment consisting of four ( 4) intersections for the study area, based on direction provided
by the City of San Juan Capistrano staff. The Mission Inn Hotel project traffic study will not only
satisfy the requirements of the City of San juan Capistrano but it will also be consistent with the
current Orange County Congestion Management Program (CMP) Traffic Impact Analysis Report (TIA)
Guidelines. A detailed scope of work is attached to this proposal.
Visual Simulation
Due to the sensitivity of the aesthetic character of the downtown area of the City, which is dominated
by Mission San Juan Capistrano, at least two visual simulations depicting the architectural character
of the proposed project is included to illustrate the aesthetic compatibility or conflict of the proposed
Mission Inn San Juan Capistrano with the character of the downtown area. If additional visual
simulations are necessary, the cost for each additional simulation is $4,500.00.
Estimated Time Frame:
Estimated Budget:
3 Weeks
$40,564.00
($ 1,000.00-Air Quality Assessment)
($ 1,000.00-GHG Assessment)
($ 1,500.00-Noise Assessment)
($28,064.00-Traffic Impact Analysis)2
($ 9,000.00-2 Visual Simulations)3
Task 3-Preparation of the Screencheck Initial Study
KKC will be responsible for the preparation of the initial study for the proposed Mission Inn San Juan
Capistrano Project. In order to qualify for an Addendum or Mi t igated Negative Declaration, the initial study
must necessarily be extensive and thorough. Each of the topi.cs identified on the City's environmental
assessment form or, if desired by the City, on the State CEQA Guidelines environmental checklist (Appendix G),
will be analyzed to document the nature and extent of any potential environmental consequences (and the
need for mitigation). The specific purpose of the analysis will be to document the potentially adverse
environmental impacts associated with the proposed project to ensure that such impacts were adequately
analyzed in the certified Plaza Banderas EIR. KKC will review the Final EIR prepared for the Banderas Hotel
project and utilize relevant information from that document to evaluate the potential adverse impacts that
may be anticipated as a result of the proposed Mission Inn San Juan Capistrano project. The findings
presented in certified EIR will be updated to reflect changes associated with the modified project in order to
assess the adequacy of the prior analysis in also assessing the potential adverse environmental effects of the
modified project.
2This fee does not include Optional Task A (refer to attached proposal). If Optional Task A is requested by the City of San Juan
Capistrano, the total budget would be increased by $1 ,260.00.
3Th is fee includes the construction of two (2) visual simulations. Each additional simulation, if determined necessary, would
be constructed for an additional fee of $4,500.00.
Proposal for Environmental Consulting Services
Mission Inn San juan Capistrano Project
April 12,2016
Page 16
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8605
The Screencheck Initial Study will address each item stipulated in Section 3 of the RFP (Contents of the
Screencheck Draft Initial Study), including: Project Description, Surrounding Land Use and Project Setting,
Other Required Agency Approvals, Discussion of Environmental Evaluation, Process Documentation, and
References. Furthermore, the analysis of the proposed modified project must evaluate not only the changes to
the original project now proposed by the applicant but also any changes in the baseline conditions and/or the
circumstances under which the project is undertaken that may affect the findings and recommendations
presented in the certified Plaza Banderas EIR.
Estimated Time Frame: 4 Week
Estimated Budget: $16,160.00
Task 4a -Preparation of the Addendum
If it is determined that the prior certified EIR adequately analyzed the potential impacts and, furthermore, that
none of the conditions enumerated in Section 15162 of the CEQA Guidelines occur calling for the preparation
of a subsequent or supplemental EIR, the project would qualify for an Addendum. KKC would meet with City
staff to discuss the findings of the initial study and submit the document for review and comment prior to
initiating preparation of the Addendum. KKC will revise the Preliminary Initial Study based on the comments
submitted by the City prior to proceeding with preparation of the Addendum.
KKC will proceed with the preparation of the Preliminary Addendum following finalization of the initial study.
The outline below reflects the scope of the Addendum for the proposed Mission Inn San Juan Capistrano.
Upon completion of the Addendum, KKC will meet with City staff to present one CD-R disk (MS Word format)
and one (1) hard copy of the Screencheck Initial Study and Addendum for review and comment.
TABLE OF CONTENTS
MISSION INN SAN JUAN CAPISTRANO ADDENDUM
1.0 INTRODUCTION AND PURPOSE
1.1 CEQA Compliance
1.2 Decision Not to Prepare a Subsequent EIR
1.3 Use of an Addendum
2.0 AMENDED PROJECT DESCRIPTION
2.1 Project Location
2.2 Project Background
2.3 Discretionary Approvals Current Sought for the Project
2.4 Project as Originally Proposed (Plaza Band eras FEIR)
2.5 Project as Approved
2.6 Proposed Mission Inn San Juan Capistrano Project
2.6 Revised Project Phasing
3.0 ENVIRONMENTAL ANALYSIS
3.1 Aesthetics
3.2 Agricultural and Forest Resources
3.3 Air Quality
3.4 Biological Resources
Proposal for Environmental Consulting Services
Mission Inn Scm juan Capistrano Project
Apri/12, 2016
Page 17
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8605
3.5 Cultural Resources
3.6 Geology and Soils
3.7 Greenhouse Gas/Climate Change
3.8 Hazards and Hazardous Materials
3.9 Hydrology and Water Quality
3.10 Land Use and Planning
3.11 Mineral Resources
3.12 Noise
3.13 Population and Housing
3.14 Public Facilities
3.15 Recreation
3.16 Transportation/Traffic
3.17 Utilities and Service Systems
3.18 Cumulative Impacts
4.0 CONCLUSION
5.0 ORGANIZATIONS AND PERSONS CONSUL TED
6.0 REFERENCES
KKC will address all of the comments on the Screencheck Initial Study submitted by City staff in order to
prepare the Addendum, which will be submitted to the City for use along with the Plaza Banderas Final EIR as
the environmental clearance documents for the proposed Mission Inn San Juan Capistrano project. KKC will
provide the City with the deliverables stipulated in Section 10 (Deliverables) of the RFP, including one (1)
copy of the Addendum on a CD-R disk (MS Word and PDF formats) and two (2) hard copies.
Estimated Time Fame:
Estimated Budget:
1 Week
$2,300.00
Task 4b -Preparation of a Subsequent EIR
Should the analysis conducted for the initial study conclude that conditions identified in Section 15162 of the
CEQA Guidelines would occur or that an impact is identified for which mitigation cannot be identified or there
is no feasible mitigation, an EIR would be prepared. The Subsequent EIR (SEIR) would address the relevant
environmental topical issues where the initial study conducted in Task 3 determines that (1) major revisions
or the prior EIR would be necessary as a result of the changes associated with the proposed project; (2)
substantial changes occurred with respects to the circumstances under which the project is undertaken, which
require major revisions to the prior EIR; and/or (3) new information of substantial importance, which was not
known and could not have been known that would result in new significant effects or more severe effects than
previously identified, or mitigation measures or alternatives previously found not to be feasible would be
feasible and would reduce one or more adverse impacts. Although the scope of the SEJR cannot be precisely
determined until the initial study is completed, an estimated budget for this task has been included to address
a minimum number of environmental topics. However, if necessary, a new scope of work and budget would
be prepared and submitted to the City for approval if it is determined that the estimated budget is not
adequate to complete this task.
Estimated Time Frame: 4 Weeks
Estimated Budget: $9,660.00 (includes Screencheck SEIR and Draft SEIR)
Proposal for Environmental Consulting Services
Mission Inn Sanjuan Capistrano Project
Apri/12, 2016
Page 18
4
5
6
Task
1
2
3
4
5
III.
Addendum
EXHIBIT B
KEET( NG
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8605
Estimated Project Schedule -Initial Study I Addendum
Mission Inn San Juan Capistrano
San Juan Capistrano, CA
The scope of services and work described in Section I for an IS/ Addendum will be undertaken and completed
for a not-to-exceed fee of $63,484.00. This fee includes meetings and coordination, preparation of technical
studies and the environmental analysis contained in the initial study, preparation of necessary CEQA notices
and printing as indicated below, and attendance at public hearings associated with the Initial Study /Mitigated
Negative Declaration. A budget summary is presented below.
Proposal for Environmental Consulting Services
Mission Inn San juan Capistrano Project
Apri/12, 2016
Page 19
Title
Principal
Air Quality Assessment
GHG Assessment
Noise Assessment
Traffic Impact Analysis
KEETON KREITZER CONSULTING
P. 0. BOX 39051 TUSTIN, CA 92781-3905
Office: 714-665-8605
Budget Summary-Initial Study I Addendum
Mission Inn San Juan Capistrano
San Juan Capistrano, CA
Man-Hours Hillin£ Rate
Task 1 -Project lnitlatlonfCoordination
20 $150.00/Hour
Task 2 -Sub-Consultant Studies
Visual Simulations (2 Locations)
Task 3 -Screencbeck Initial Study I Addendum
Report Preparation 120 $115.00/Hour
Research and Analysis 40 $ 90.00/Hour
Graphics 16 $ 75.00/Hour
Word Processing 20 $ 40.00/Hour
Sub-Total 196
Task 4a -Final Initial Study I Addendum
Report Preparation 20 $115.00/Hour
Task 6 -Public Hearings
Principal 6 $150.00/Hour
Task 7 -Legal Notices
Report Preparation 4 $115.00fHour
Miscellaneous/Printing and Reproduction
Printing and Reproduction
Supplies
Sub-Total
TOTAL ESTIMATED BUDGET 246
lDoes not include optional Task A (refer to TIA scope and budget).
Estimated Budget
$ 3,000.00
$ 1,000.00
$ 1,000.00
$ 1,500.00
$28,064.001
$ 9,000.00
$40.564 .00
$10,800.00
$ 3,600.00
$ 960.00
$ 800.00
$16.160.00
$ 2,300.00
$ 900.002
$ 460.00
$ 50.00
$ 50 .00
$ 100.003
$63,484.004
2Jncludes attendance at two (2) public hearings. Attendance at additional hearings are not
included and would be billed on a time-and-materials basis on a rate of$150.00/hour.
3Includes printing/reproduction of initial study/addendum and electronic media submitted to
the City.
4Total budget does not include any filing or legal fees [e.g., NOD filing fee and CDFW filin g fee).
Proposal for Environm en tal Consulting Services
Mission Inn San juan Capistrano Project
Apri/12, 2016
Page 20
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8605
Subsequent or Supplemental EIR
The scope of services and work described in Section I for an IS/SEIR will be undertaken and completed for a
not-to-exceed fee of $75,354.00. This fee includes meetings and coordination, preparation of technical
studies and the environmental analysis contained in the initial study, preparation of necessa ry CEQA notices
and printing as indicated below, and attendance at public hearings associated with the Initial Study /Mitigated
Negative Declaration. A budget summary is presented below.
Budget Summary -Initial Study /Mitigated Negative Declaration
Mission Inn San Juan Capistrano
Title
Principal
Air Quality Assessment
GHG Assessment
Noise Assessment
Traffic Impact Analysis
Visual Simulation (2)
Report Preparation
Research and Analysis
Graphics
Word Processing
Sub-Total
Report Preparation
Research
Graphics
Word Processing
Sub-Total
Report Preparation
Word Processing
Sub-Total
San Juan Capistrano, CA
Man-Hours Billing Rate
Task 1 -Project Initiation/Coordination
20 $15 0.00 /Hour
Task 2 -Sub-Consultant Studies
Task 3 -Screencheck Initial Study
120 $115.00/Hour
40 $ 90.00/Hour
16 $ 60.00/Hour
20 $ 40.00/Hour
196
Task 4-b -Draft Subsequent EIR
60 $115.00/Hour
20 $ 90.00/Hour
8 $ 60.00/Hour
12 $ 40.00/Hour
100
Task 5 -Responses to Public Comments
12 $115.00 /Hour
20 $ 40.00/Hour
32
Proposal fo r Environmental Consulting Services
Mission Inn San juan Capistrano Project
Apri/12, 2016
Page 21
Estimated Budget
$ 3,000.00
$ 1,000.00
$ 1,000.00
$ 1,500.00
$ 28,564.001
$ 9,000.00
$40,564.00
$10,800.00
$ 3,600.00
$ 960.00
$ 800.00
$16 ,160.00
$ 6,900.00 2
$ 1,800.00
$ 480.00
$ 480.00
$ 9 ,66 0.00
$ 1,380.003
$ 480.00
$ 1,860.00
IV.
Title
Principal
Report Preparation
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8605
Man-Hours Billing Rate
Task 6 · Public Hearings
6 $150.00/Hour
Task 7-Le~al Notices
4 $115.00/Hour
Miscellaneous /Printing and Reproduction
Printing and Reproduction
Supplies
Postage/Delivery
Sub-Total
TOTAL ESTIMATED BUDGET 358
1 Does not include optional Task A (refer to TJA scope and budget).
ZThis task includes revisions to the Screencheck IS to prepare Draft EIR
Estimated Budget
$ 900.004
$ 460 .00
$ 2,000.00 5
$ 250.00
$ 500.00
$2,750.00
$75,354.006
3Estimated budget to prepare Responses to Public Comments based on a maximum of five (5)
comment letters or twenty (20) individual comments.
4fncludes attendance at two (2) public hearings. Attendance at additional hearings are not
included and would be billed on a time-and-materials basis on a rate of$150.00/hour.
Sfncludes printing/reproduction of 50 copies of the Draft SEIR.
6Total budget does not include any filing or legal fees (e.g., NOD filing fee and CDFW filing fee).
All charges s be in accordance with the Budget Summary presented in Section I thi s proposal. Invoices
shall be submi t t a month ly basis, which clearly describe the specific servi · , nd tasks performed during
the billing period.
v.
ns ul · , will serve as Project Manager for the scope of work
alt ing services. Mr . Kreitzer has over 40 years of
environmental planning experience and has se · a · ·ect manager for several similar projects. He has
been personally responsible for the prepar 1 of over 1 wlronmental documents required pursuant to
the California Environmental Quality A d has also pr e par w iro nm cnta l studies mandated under the
National Environmental Policy Act. has recently ree sta bli s hc is own environmental consulting firm
(Keeton Kreitzer Consulting) in o · ·to provide public and private sec lie nts with high level, personalized
environmental consulting ser s, including the preparation of environ m documents pursuant to CEQA
and NEPA.
tl7.er has prepared addenda for the following projects:
West Coyote Hills Specific Plan (Fullerton)
Platinum Triangle (Anaheim)
Propo sa l f or Environmenta l Cons ulti ng Se rvic es
Mission Inn San j ua n Ca pistrano Project
April l Z, Z01 6
Page 22
EXHIBIT C
KEETO .. -----~------··--~---VG
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8605
5 -Responses to Public Comments (SEIR Only)
of the State-mandated 45-day public review period, all comments received by the
responsible agencies and interested parties will be forwarded to the EIR
addressed as it relates to the adequacy of the Draft SEIR. An appendix to
includes a listing of each agency /individual commenting on
from the commentator, and the responses prepared for
for this task is based on a maximum of five letters or
Estimated Time Frame:
Estimated Budget:
Task 6 -Public Hearings
If requested by the City, KKC will attend
Capistrano Planning Commission and one (1
Principal/Project Manager will attend the pub\
and responding to questions raised during the
will be charged at the appropriate hourly rate.
ngs, including one (1) before the San Juan
the San Juan Capistrano City Council. The
be responsible for making all presentations
Should additional hearings be required, they
Estimated Time Frame: As Required
Estimated Budget: $900.00
Task 7 • Preparation of the
uan Capistrano project is approved by the If the proposed Mission lnn
KKC will be responsible
Orange County Cl
paring the Notice of Determination (NOD) and
within five (5) days of project approval as presc r i
,,..,,,...,.,...,.,,'"of Fish and Wildlife (CDFW) filing fee was paid
Hotel project, that fee would be waived upon submittal of the
However, if the receipt from the Orange County Clerk-Recorder
n Capistrano City Council,
that document with the
the CEQA Guidelines .
approval of the Because the
original Plaza
payment of
CDFW fee
30-day
paid at the time the NOD is filed with the Clerk-Recorder. Filing of the
appeal period.
As Required
$460.00
II. PROJECT SCHEDULE
A project schedule has been developed and presented below that reflects the time frames that will be
necessary to undertake and complete the services outlined in this proposal for an Initial Study/ Addendum
and for an Initial Study /Mitigated Negative Declaration. The respective estimated project schedules are
presented below.
Proposal for Environmental Consulting Services
Mission Inn San juan Capistrano Project
Aprill2, 2016
Page 23
Task
1
2
3
4
5
6
Task
1
2
3
4
5
6
7
III.
Addendum
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714-665-8605
Estimated Project Schedule -Initial Study I Addendum
Mission Inn San Juan Capistrano
San Juan Capistrano, CA
Description Estimated Time
Project Initiation/Coordination As Required
Sub-Consultant Studies 6-8 Weeks
Screencheck Initial Study 7-9Weeks
Citv Review 2 Weeks
Final Addendum 1 Week
Public Hearings As Required
Filing of Legal Notices As Required
Estimated Project Schedule -Initial Study /Subsequent EIR
Mission Inn San Juan Capistrano
San Juan Capistrano, CA
Description
Project Initiation/Coordination
Sub-Consultant Studies
Screencheck Initial Studv
City Review
Screencheck Subsequent/Supplemental EIR
City Review of Screencheck SEIR
Draft ElR
Public Review Period
Response to Public Comments
Public Hearings
Filing of Legal Notices
Proposal for Environmental Consulting Services
Mission Inn San juan Capistrano Project
April12, 2016
Page 24
Estimated Time
As Required
6-8Weeks
7-9 Weeks
2 Weeks
4 Weeks
2 Weeks
2 Weeks
6 Weeks
2 Weeks
As Required
As Required
CITY OF SAN JUAN CAPISTRANO
REQUEST FOR PROPOSALS FOR PREPARATION OF AN INITIAL STUDY (IS) TO
DETERMINE IF THE PROPOSED PROJECT QUALIFIES FOR AN ADDENDUM TO A
PREVIOUSLY CERTIFIED EIR (PLAZA BANDERAS HOTEL), SUBSEQUENT EIR OR
MITIGATED NEGATIVE DECLARATION,
OR A NEW MITIGATED NEGATIVE DECLARATION OR EIR.
ARCHITECTURAL CONTROL (AC) 15-035
MISSION INN SAN JUAN CAPISTRANO (FORMERLY PLAZA BANDERAS HOTEL)
(SOUTH COAST INVESTORS II, LLC)
SUBMIT OR E-MAIL YOUR PROPOSAL BY 5:30 PM
ON MONDAY, MARCH 14, 2016 TO:
1. INTRODUCTION
City of San Juan Capistrano
Attn: David Contreras, Senior Planner
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano, California 92675
dcontreras@sanjuancapistrano.org
(949) 443-6320
The City of San Juan Capistrano is soliciting proposals for the preparation of one
environmental document for a planned hotel project including an Initial Study (IS) to
determine if the project qualifies for an Addendum to a previously certified EIR (Plaza
Banderas Hotel), a Subsequent EIR or Subsequent Mitigated Negative Declaration, or a
new Mitigated Negative Declaration or EIR for the design of which the project applicant
is now proposing to modify:
1. The Plaza Banderas Hotel EIR was certified by the City Council on October 5,
2010. The project was subsequently modified and approed by the Planning
Commission on March 8, 2011. The Plaza Banderas Hotel project was not
constructed and on February 26, 2016, the applicant South Coast Investors II,
ATTACHMENT 2
Request for Proposals (RFP)
South Coast Investors II. LLC (M ission Inn SJC) 2 City of San Juan Capistrano
LLC submitted a revised Project Description. The development is a project of
South Coast Investors II, LLC, which is a single purpose LLC and wholly owned
subsidiary under Rivendell Land Company, Inc. whose project description is
provided as Attachment 1.
2. SCOPE OF WORK
The Scope of Work requirements for the proposed project is provided as a separate
document (Attachment 2).
3. PROPOSAL REQUIREMENTS
Consultant proposals w ill include a transmittal letter including a statement of
understanding of the scope of the project, the general methodology/approach to be
used , a description of the firm 's background and experience. The Proposal shall be
signed by an individual authorized to bind the consultant and shall contain a statement
that the proposal is valid for at least a 90-calendar day period . The proposal will also
include the following:
3 .1 A proposed scope-of-work (SOW), consistent with the City 's S-0-W
requirements, including a description of the specific work tasks that will be
completed and work products that will be produced.
3.2 A list of similar projects completed by the project manager and key staff to be
used on this project.
3 .3 One-page resume of the project manager highlighting that individual's relevant
experience, skills , and education.
3.4 Project Schedule .
3.5 Total project budget and not-to-exceed cost including a tabular breakdown of all
costs by position , hourly rate , task, hours budgeted for each task as well as any
reimbursable costs (i.e . travel , meeting attendance, copying, etc.). The proposed
budget may include optional tasks/budget items which may not be critical to
achieving the base scope of work but could be beneficial in strengthening the
overall analysis in the Initial Study .
3 .6 The proposal should include individual costs for:
A. Initial Study
B. Addendum to the previously certified EIR for the Plaza Banderas Hotel
(should one ultimately be required)
C. New or Subsequent Mitigated Negative Declaration (should one ultimately
be required)
D. New or Subsequent EIR (should one ultimately be required)
Request for Proposals (RFP)
South Coast Investors II. LLC {Mission Inn SJC) 3 City of San Juan Capistrano
4. PROPOSAL SUBMISSION
Interested firms or persons should submit their proposal in pdf format (600 dpi
resolution, color or black & white) by e-mail to dcontreras@sanjuancapistrano .org in the
Development Services Department, City of San Juan Capistrano by the time and date
indicated on the coversheet of this RFP.
5. SELECTION PROCESS
A selection committee composed of City staff will review the proposals pursuant to City
Council Consultant Selection Policy with particular emphasis on the following factors
consistent with the City's adopted Purchasing Policies and Procedures to select the
most qualified consultant:
5.1 A proposed scope-of-work (SOW) including a description of the specific work
tasks that will be completed and work products that will be produced.
5.2 Completeness of proposal.
5.3 Firm's experience and resources.
5.4 Professional qualifications of key personnel.
After evaluation of the proposal, and subsequent interviews if needed, the City will
select the most qualified consultant with whom to negotiate an agreement to provide the
consulting services through the completion of the Project.
The City reserves the right to reject any or all proposals, to waive any informality or
irregularity in any proposal received, and to be the sole judge of the merits of the
respective proposals received.
6. AGREEMENT /INSURANCE REQUIREMENTS
The consultant selected for the study will be required to execute a standard City of San
Juan Capistrano Personal Services Agreement (Attachment 3). Proposals will include a
statement that the submitting firm/person is amenable to all provisions in the City's
standard agreement. If a proposing firm/person takes exception to any of the terms in
the Personal Services Agreement, the firm/person must notify the City of their specific
issue(s) as soon as possible and determine whether the provision may be modified.
Insurance and indemnification requirements are not negotiable.
7. CITY'S RIGHTS
The City may investigate the qualifications of any proposer under consideration, require
confirmation of information furnished by a proposer, and require additional evidence of
qualifications to perform the services described herein. The CITY reserves the right to:
Request for Proposals (RFP)
South Coast Investors II. LLC (Mission Inn SJC) 4 City of San Juan Capistrano
7.1 Reject any or all of the proposals and issue a subsequent Request for Proposals.
7.2 Cancel the entire Request for Proposal.
7.3 Remedy technical errors in the Request for Proposal process.
7.4 Appoint an evaluation committee to review proposals.
7.5 Seek the assistance of outside technical experts in proposal evaluation.
7.6 Approve or disapprove the use of particular subcontractors.
7.7 Award a contract to one or more proposers.
7.8 Waive non-substantive errors or irregularities in proposals.
This RFP in no way commits the City to enter into a contract, nor does it obligate the
City to pay for any costs incurred in the preparation and submission of proposals or in
anticipation of a contract.
8. PUBLIC RECORDS ACT
Responses to this RFP become the exclusive property of the City and subject to the
California Public Records Act. Those elements in each proposal which are trade secrets
as that term is defined in Civil Code section 3426.1 (d) or otherwise exempt by law from
disclosure and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL",
or "PROPRIETARY" may not be subject to disclosure. The City shall not in any way be
liable or responsible for the disclosure of any such records including, without limitation,
those so marked if disclosure is deemed to be required by law or by an order of the
Court. Proposers which indiscriminately identify all or most of their proposal as exempt
from disclosure without justification may be deemed non-responsive.
In the event the City is required to defend an action on a Public Records Act request for
any of the contents of a proposal marked "confidential", "proprietary", or "trade secret",
the proposer agrees, upon submission of its proposal for City's consideration, to defend
and indemnify the City from all costs and expenses, including attorneys' fees, in any
action or liability arising under the Public Records Act.
9. QUESTIONS
Questions regarding this RFP should be sent in writing to David Contreras, Senior
Planner via e-mail to: dcontreras@sanjuancapistrano .org. Questions concerning
information already contained in the RFP will be answered in writing and provided to all
firms who have been sent the RFP or have advised the City's project manager that they
are preparing a proposal. Questions requiring clarification or additional information may
be addressed in an addendum to this RFP. All City correspondence involving questions
and answers related to this RFP, will be provided to all other known proposers.
Request for Proposals (RFP)
South Coast Investors II. LLC (Mission Inn SJC) 5
Attachments:
1-Project Description, Mission Inn San Juan Capistrano
2-Scope of Work Requirements
3-Standard City Personal Services Agreement (PSA)
City of San Juan Capistrano
Project Description and Justification
Mission Inn Hotel Project
1.0 Project Description :
Rivendell Land Company, Inc. requests City approval of an Architectural Control
Modification (AC Modification) application to enable the upgrade of the previously
approved 124-room 3-star service hotel project to a 124-room 4-star luxury
boutique hotel. With the construction of three other local select service
properties, the market for this classification has changed since the project was
approved in 2010. The proposed project modifications are necessitated by
market conditions and hotel classification requirements to upgrade to a 4-star
hotel, which has larger room sizes. However, any impacts from the increased
room size are more than mitigated by the removal of the retail/office component
and a reduction in the restaurant space. The AC Modification is appropriate
because the proposed project is a greater amenity to the City, creates less of an
environmental impact than the approved project, enhances the integrity of the
approved architectural design, provides greater sensitivity to the Mission San
Juan Capistrano, increases the transit occupancy tax (TOT) by $384,396, and
increases tourist spending by approximately $1.5 million.
The AC Modification would revise the approval project as follows:
• A reduction in building site coverage from 47,907 gross square feet (GSF)
to 42,261 GSF (reduction of 5,646 GSF) primarily by eliminating the
previously approved retail/office building and utilizing subterranean spaces
for back of house functions
• Elimination of the retail/office building (10,169 GSF}, which creates a view
corridor between the Mission and the hotel
• A reduction in the restaurant space from 6,095 GSF to 4,834 GSF
(reduction of 1 ,261 GSF)
• An addition of eight double suites and larger rooms as required to obtain a
4-star rating, but no increase in the number of hotel rooms
• Provides excess parking of 14 stalls beyond the code required 162 stalls,
and adds an extra 67 valet stalls which helps alleviates parking constraints
in the area. The proposed four-star project, which will be managed by
Marriott International, requires a full time 24/7 valet.
• Parking master plan also creates the opportunity for an additional 30 stalls
through additional submittal. The total master plan parking provides an
excess of 111 stall beyond the code requirements.
• An addition of a plaza/gathering space along the El Camino Real frontage
creating a stronger orientation to the Mission
• An increased building setback from the Mission to 80 feet from El Camino
Real and a lowering of the approved western portion of the building to 26
1091707.02/0C
37 4817-00001/2-2 6-16/mrf/mrf ATTACHMENT 1
feet increase the viewing opportunities of the historic and cultural
resources in the area
• An increase in landscaped space at the corner of El Camino Real and
Ortega Highway
• An overall reduction in development impacts by adding basement floor
area and subterranean parking, which significantly reduces truck traffic
required by the approved project to raise the grade of the site
• An enhanced hotel courtyard area that will serve as an entry statement
into our historic downtown
The overall intensity of the proposed project with the requested modifications will
be significantly reduced from the approved project.
Comparison of the Plaza Banderas Project Approval to the Proposed AC Modification
Differences
Prior 2011 Proposed Between
EIR Project Plaza Banderas Mission 2011
Description Approval Inn Approval
Project andACMod
Application
Site Area (acres) 3.1 3.1 3.18 0
Quit Claimed Right Of Way Per Development 0.00 0.44 0 Agreement*
Total Site Acres 3.10 3.10 3.62 1
Total Site Square Feet 135,036 135,036 157,687 22,651
Building Area
Hotel
Basement 0 5,711 5,711
First Floor 32,725 35,345 38,644 3,299
Second Floor 24,524 24,142 26,322 2,180
Third Floor 17,724 16,363 24,379 8,016
Total Hotel : 74,973 76,353 95,056 18,703
Retail and Office Building
First Floor 6,509 6,467 0
Second Floor 1,971 3,702 0
Total Retail/Office GSF : 8,480 10,169 0 -10,169
Restaurant Building (Relocated To Ortega
Hwy Frontage)
1091707.02/0C
3 7 4817-00001/2-2 6-16/mrf/mrf -2 -
First Floor 5,747 6,095 3,617 -2,478
Second Floor 0 0 1,217 1,217
Total Restaurant GSF : 5,747 6,095 4,834 -1,261
Total Building Floor Area (GSF): 89,200 92,617 99,890 7,273
Total Above-grade Floor Area (GSF): 89,200 92,617 94,179 1,562
Room Count 124 124 124 0
Site Coverage
Total First Floor Footprint 44,981 47,907 42,261 -5,646
Percent Site Covered 33.3% 35.5% 26.8% -8.7%
Total Floor Area Ratio 66.1% 68.6% 63.3% -5.2%
Required Parking For Proposed AC Total
Modification Calculation Quantity Required
Hotel .8 space per
room 124 100
Restaurant Per Parking 1 space per 100
Study SF 4,834 48
Events
1 space per 400
SF 5,500 14
Total Code Required Parking 185 162
Code Required Parking Provided
Site Level 109
Basement Parking 67
Total Code Required Parking Provided Included in AC Mod Application Plans"'* 176
Other Parking Provided
Added Spring Street Parking Per License Agreement (Separate Submittal) 14
Added Parking in Excess Right Of Way Per Master Plan (Separate Submittal) 16
Tandem Parking Stalls Added in Basement 27
Additional Parking Capacity In Valet Configuration 40
Total Additional Parking Created By Project 97
Total Project Parking Created In Master Plan 273
1091707.02/0C
37 4817-00001/2-2 6-16/ mrf/mrf -3 -
*The Plaza Banderas Project was processed under a stated acreage of 3.1. However the approved site plan, in
coordination with the approved Development Agreement, included the .44 acre excess right of way which is
being deeded back to the property.
**The Plaza Banderas Project was approved to provide 185 parking stalls .
*** The 2011 Project Description lists 76,353 as the total hotel square footage, but there is 503 SF discrepancy
in the floor plan total.
2.0 Background:
At their October 5, 2010 meeting, the City Council certified the Final
Environmental Impact Report (FEIR), approved a General Plan Amendment and
various discretionary applications, and introduced an ordinance for adoption of a
Comprehensive Development Plan for the proposed Plaza Banderas Hotel
project, a 124-room hotel project with a freestanding 6,095 gross square foot
(GSF) restaurant building and 10,169 GSF free-standing retail/office building with
6,467 GSF of commercial space and 3,702 GSF of office space. At that time, the
City Council also granted a variance to the hotel parking standard to allow 0.8
parking spaces per guest room whereas the City's code requires 1.0 space per
guest room. That variance reduced the amount of on-site parking required for the
hotel by 25 parking spaces.
At their subsequent meeting on October 19, 2010, City Council approved the
ordinance on second reading establishing the Plaza Banderas Hotel
Comprehensive Development Plan consisting of the development plan concept,
land use provisions, and development standards. On June 30, 2011, the City
Council approved the first reading and introduced an ordinance approving and
adopting a Development Agreement for the Plaza Banderas Hotel project. At their
July 5, 2011 meeting, the City Council approved the second reading and
approved the ordinance adopting the Comprehensive Development Plan.
3.0 Benefits of the proposed project over the approved project:
• Reduces traffic generation from 2,273 trips per day to 1,741 by eliminating
the retail/office building and reducing the size of the restaurant building
• Addition of subterranean parking reduced soil import by 52%, significantly
reducing construction related noise, traffic and pollution impacts
• Increases annual transient occupancy taxes to the City by an additional
$384,396 beyond the $500,000 originally projected by the previous
application for annual total TOT of $884,396
• Increases economic activity and spending in the historic downtown due to
the change in the hotel demographics from a 3-star to 4-star hotel
resulting in more visitor spending and longer tourist stays generating an
1091707.02/0C
374817-00001/2-26-16/mrf/mrf -4 -
estimated $3,349,200 annually in the community (33,492 annual occupied
rooms x $1 00 spent in the community)
• Creates a total, estimated property tax value of the project to the City of
$48,500,000 per year
• Incorporates enhanced architectural design that will establish a strong
historically based design statement that will endure for generations
• Provides a greater emphasis on heritage-based tourism that will attract
international guests
• Provides additional parking (monetized) to serve the historic downtown,
24-hour valet parking service, and provides a long term public parking
option
• Increases San Juan Capistrano's international presence as Marriott is a
world-renowned hotelier. Their Autograph Collection provides the City with
the unique opportunity to create an upscale 4-star luxury boutique
accommodation in the heart of the City with the international power and
experience of Marriott managing operations
4 .0 Pro jec t Processing and Phasing :
The AC Modification is a minor revision subject to review and approval by the
Planning Director by administrative approval pursuant to Section 9-2.313(f) of the
City's Municipal Code. The AC Modification is not a major revision because no
changes are being made to the conditions of approval, no expansion is proposed
(instead uses have been eliminated and the project size has been reduced), no
intensification of use is proposed (instead the use is less intense), and no
structures are being relocated (instead structures are being removed or
reduced). Section 9-2.313(f)(2). As a minor revision subject to administrative
approval, no public notice is required as set forth in the City's Notification
Preparation Packet.
Following City approval of the AC Modification, site development would generally
consist of two distinct phases: (1) Grading and site preparation and (2) building
and construction. If the City approves the AC Modifications by 2016, construction
of the project could be begin as soon as mid-2016 and be completed as early as
2018.
1091707.02/0C
3 74817-00001/2 -26-16/mrf/mrf -5-
Mission Inn
San Juan Capistrano
2015-416
11/27/15
REV. 2/3/16
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SCOPE OF WORK REQUIREMENTS FOR THE PREPARATION OF AN
INITIAL STUDY (IS) TO DETERMINE IF THE PROJECT QUALIFIES FOR
AN ADDENDUM TO THE PREVIOUSLY CERTIFIED EIR (PLAZA
BANDERAS HOTEL), SUBSEQUENT EIR OR SUBSEQUENT MITIGATED
NEGATIVE DECLARATION . OR A NEW MITIGATED NEGATIVE
DECLARATION OR EIR FOR THE DESIGN OF WHICH THE PROJECT
APPLICANT IS NOW PROPOSING TO MODIFY :
ARCHITECTURAL CONTRO L (AC) 15-035. MISSION INN SAN JUAN
CAPISTRANO (FORMERLY PLAZA BANDERAS HOTEL) THE PLAZA
BANDERAS HOTEL EIR WAS ADOPTED BY THE CITY COUNCIL ON
OCTOBER 5, 2010. THE DEVELOPMENT IS A PROJECT OF SOUTH
COAST INVESTORS II, LLC.
The Initial Study for the proposed project will provide an analysis and identification of
potentially significant, adverse, environmental impacts of the proposed modification to the
previously approved project consistent with the provisions of the California Environmental
Quality Act and the City's adopted Environmental Review Guidelines.
1. PROJECT DESCRIPTION
1.1. Project Location: The Mission Inn San Juan Capistrano Project site is
located within the historic downtown section of San Juan Capistrano . The subject
property is composed of one parcel that encompass 3 .18 acres at the northeast
corner of El Camino Real and Ortega Highway within the San Juan Capistrano
downtown area. Horno Creek abuts the subject property along the easterly property
boundary; the San Diego Freeway (1-5) is located east of Horno Creek.
In 2010, the City Council adopted the Plaza Banderas EIR and in 2011 the Planning
Commission confirmed approval of the project as a result of architectural
modifications. Attachment 1 includes a comparison table of Plaza Banderas project
to the proposed Architectural Control Modification .
1.2. 2011 "Plaza Banderas Hotel" Project Description: The previously
approved Plaza Banderas Hotel project features three buildings on 3.10
acres. The project consists of a 76,353 square foot, 124-room hotel, with
height of 41'-6", a 10,169 square foot retail/office building with a building
height of 29'-6" and a 6,095 square foot restaurant with a building height of
27'-0" feet. The 10,169 square foot retail/office building is proposed to be a
two story building.
2016 Mission Inn San Juan Capistrano Project Description: The project
modification would revise the 2011 approved project as follows:
ATTACHMENT 2
Scope of Work Requirements
So uth Coast Inve sto rs II. LLC (Mi ss ion Inn SJ C) 2 of 6 C ity of San Juan Cap istrano
• A reduction in building site coverage from 47 ,907 gross square feet (GSF)
to 42,261 GSF (reduction of 5,646 GSF) primarily by eliminating the
previously approved retail/office building and utilizing subterranean
spaces for back of house functions
• Elimination of the retail/office building (1 0,169 GSF), which creates a view
corridor between the Mission and the hotel.
• A reduction in the restaurant space from 6,095 GSF to 4,834 GSF
(reduction of 1,261 GSF).
• An addition of eight double suites and larger rooms as required to obtain
a 4-star rating, but no increase in the number of hotel rooms.
• Provides excess parking of 14 stalls beyond the code required 162 stalls,
and adds an extra 67 valet stalls which helps alleviates parking
constraints in the area. The proposed four-star project, which will be
managed by Marriott International, requires a full time 24/7 valet.
• Parking master plan also creates the opportunity for an additional 30
stalls through additional submittal. The total master plan parking provides
an excess of 111 stall beyond the code requirements.
• An addition of a plaza/gathering space along the El Camino Real frontage
creating a stronger orientation to the Mission .
• An increased building setback from the Mission to 80 feet from El Camino
Real and a lowering of the approved western portion of the building to 26
feet increase the viewing opportunities of the historic and cultural
resources in the area.
• An increase in landscaped space at the corner of El Camino Real and
Ortega Highway.
• An overall reduction in development impacts by adding basement floor
area and subterranean parking, which significantly reduces truck traffic
required by the approved project to raise the grade of the site.
• An enhanced hotel courtyard area that will serve as an entry statement
into our historic downtown.
1.3. Discretionary Actions: Project implementation will necessitate Planning
Commission approval of the following discretionary actions: Architectural Control
and a Grading Plan Modification.
1 .3. 1. Architectural Control: The review of the modified site plan and
architectural design of the structures , site amenities and landscape .
1 .3.2. Grading Plan Modification: The review of modified building pad
elevations and new subterranean parking.
2. TECHNICAL STUDIES/REPORTS: The consultant will review the proposed
modifications and determine if any additional technical studies/reports are required
to be prepared in order to determine if the project qualifies for an Addendum to the
previously certitfied EIR (Plaza Banderas Hotel), Subsequent EIR or Mitigated
Negative Declaration, or a new Mitigated Negative Declaration or EIR.
Scope of Work Requirements
South Coast Investors II . LLC (Miss ion Inn SJC) 3 of 6 City of San Juan Cap istrano
The City will provide the consultant with the Final EIR for the Plaza Banderas Hotel
project.
3. CONTENTS OF THE SCREENCHECK DRAFT IN ITIAL STUDY (IS): The contents
of the screencheck draft Initial Study shall be consistent with all applicable
provisions of the California Environmental Quality Act and include all information
required by the CEQA environmental checklist with detail as follows:
A. Project Description: The project description shall provide, at a minimum, the
following information :
1. The precise location and boundaries of the proposed project shown
on a detailed topographic map, preferable a USGS seven and one-
half minute quadrangle. The general location of the project depicted
on a regionally-scaled or County map.
2 . A statement of the project's proposed objectives .
3 . A general description of the project's technical, economic, and
environmental characteristics, considering the primary engineering
proposals if any, and supporting public service facilities.
4 . A statement of the intended of uses of the initial study (IS) including a
list of the public agencies which are expected to use the initial study
(IS) in their decision-making, and a list of the public agency
discretionary approvals being sought.
5 . The name or title of the proposed project and the name and address
of the project proponent(s).
6 . A brief description of the existing and proposed land uses, Zoning
Map classifications, and General Plan Land Use designations.
B. Surrounding Land Use & Pro ject Setting: This section shall contain a
description of the natural and built environment in the vicinity of the project
site as it exists without implementation of the project and from both a local
and regional perspective. Special emphasis shall be placed on
environmental resources that are rare or unique to the City of San Juan
Capistrano especially with respect to viewsheds, historical sites and/or
structures, hillsides/ridgelines, and mature specimen trees. This section will
include a general discussion of any inconsistencies between the proposed
project and the General Plan or any regional plans (e.g. SCAQMD Regional
Air Quality Management Plan, Orange County Transportation Authority
(OCTA) Master Plan of Streets & Highways, Southern California Association
of Governments (SCAG) Regional Mobility Plan). This section will also
Scope of Work Requirements
South Coast Investors II. LLC (Mission Inn SJC) 4 of 6 City of San Juan Capistrano
include a brief description and accompanying map of planned projects
(public and private) in the vicinity for the purpose of evaluating potential,
cumulative environmental impacts. Finally, this section will include a
description of existing surrounding land uses and an area map depicting the
location of surrounding uses in relationship to the project site.
C. Other Required Agency Approvals: This section shall contain a list of
County, State, and Federal agencies with permitting authority over any
aspect of the project, a brief statement as to the basis of permitting authority,
a statement as to the specific project aspect requiring such permitting, and
the type of permit required by that agency (e.g. Caltrans encroachment
permit or plan approval; Orange County Flood Control District encroachment
permit or plan approval; Department of Fish & Game Section 1600/1601
Streambed Alteration Agreement; US Army Corps of Engineers Section 404
permit; etc.).
D. Discussion of Environmental Evaluation: This section will include a
discussion of the potentially significant environmental impacts, mitigation
measures to reduce significant impacts to a level of insignificance, and a
statement as to whether mitigation measures will reduce impacts to a level of
insignificance. The determination of significance will be based on
significance thresholds established by the City's adopted Environmental
Review Guidelines. The evaluation section will contain appropriately detailed
analysis and discussion of those environmental criteria deemed "Potentially
Significant lmpacf' and "Potentially Significant Impact Unless Mitigated".
Where the project would result in "No lmpacf' or "Less Than Significant
lmpacf' for a particular environmental criteria, the Initial Study will include a
brief discussion which supports such a finding.
Recommended mitigation measures must comply with CEQA requirements
in terms of effectiveness and feasibility. Where alternative mitigation
measures are available to address a specific impact, the study shall include
a recommended measure and discuss the reason(s) for selecting a particular
measure over other alternative measures.
E. Process Documentation : An appendix shall be provided which contains all
official documents related to processing including the "Initial Study", "Notice
of Intent to Adopt an Negative Declaration", "Notice of Determination (NOD)",
Planning Commission meeting minutes and City Council meeting minutes,
etc.
F. References: All pertinent materials, studies, or persons consulted in the
preparation of the study shall be listed within a separate section of the report .
The identity of all Federal, State, and local agencies, or other organizations
and private individuals consulted in the preparation and the identity of all
persons, firms, and City staff preparing the study by contact or other
Scope of Work Requirements
South Coast Investo rs II , LLC (M ission Inn SJC) 5 of 6 City of San Juan Capistrano
authorization, shall also be listed, The text shall include footnote references
or other means of reference consistent with professional style manuals ,
4. CONTENTS OF THE REVISED SCREENCHECK DRAF T INITIAL STUDY. The
contents shall include the Screen check Draft Initial Study with revisions as directed
by the City's project manager, The City's Environmental Administrator will use the
revised screencheck draft Initial Study to determine whether the project qualifies for
issuance of an Negative Declaration (NO) or an Mitigated Negative Declaration
(MND), or requires preparation of an Environmental Impact Report (EIR),
5 . CONTENTS OF THE PUBLIC REVIEW DRAFT INITIAL STUDY I MITIGATED
NEGAT IV E DECLARATION (MND). The contents shall include the City-approved
Revised Screencheck Draft Initial Study with any revisions directed by the City's
project manager, and the Notice of Intent to Adopt a Negative Declaration (NO)/
Mitigated Negative Declaration (MNO),
6. CONTENTS OF THE DRAFT INITIAL STUDY (IS) I MITIGATED NEGATIVE
DECLARATION (MND): The contents shall consist of the following :
A The text of the Public Review Draft Initial Study (IS) I M it ig ated Negative
De c la rat ion {MN O),
B, Comments & Responses to Comments : All written comments received on
the proposed Negative Declaration (NO) or Mitigated Negative Declaration
(MND) during the public review process, and appropriate responses to
comments consistent with the requirements of CEQA,
7 . MEETINGS: The consultant shall include provision for attending the following
meetings and making presentations at the public meeting/hearings:
7,1 One (1) orientation/kick-off meeting with City staff (1 hour),
7,2 Two (2) project status/update meetings with City staff, if needed (1 hour
each),
7,3 If necessary, two (2) public meeting/hearing (6,0 hours),
8 . SCHEDULE: The consultant's proposal will include a proposed schedule which
provides for the most efficient and expeditious preparation of the Initial Study to
determine if the project qualifies for an Addendum to the previously certified EIR
(Plaza Banderas Hotel), Subsequent EIR or Subsequent Mitigated Negative
Declaration to a previously approved EIR, or a new Mitigated Negative Declaration
or EIR
9. NOTICES: The consultant shall be responsible for posting all necessary notices
with the County Clerk and State Clearinghouse (SCH) including the "Notice of Intent
to Adopt and NO" and the "Notice of Determination (NOD),"
Scope of Work Requirements
South Coast Investors II. LLC (Mission Inn SJCl 6 of 6 City of San Juan Capistrano
10. DELIVERABLES: The consultant shall provide the following deliverables in
accordance with the work schedule :
10.1 A CD-R disk (MS Word format) and one (1) hardcopy of the Screencheck
document.
10.2 A CD-R disk (MS Word format and pdf) and two (2) hardcopies of the Final
document.
Attachments:
1-Comparison Table of Plaza Banderas project to the proposed Architectural
Control Modification.
Mission Inn
Sn11.)unn Capistrnm>
MISSION
CQMMERT.\[
PRO RTI ES
Comparison oft he Plaza Banileras Prolect Approval to th e Proposed AC ModiOcallon
01/f~tenus
EIRPtojer:r Prior 2011 Plaza Proposed Berween 20Jl
Dtscrlpt/on BonderaJ Approval
Mlsslonlnn Approval and ·
PrOjlct ACIVIod
Appll~orlon
Site Area (acres) 3.1 3.1 3 .18 0.08
Quit Claimed Right Of Way Per 0 .00 0.44 0.44 Development Agreement •
Total Site Acres 3.10 3.10 3.62 0.52
Total Site Square Feet 135,036 135,036 157,687 22,651
Building Area
Hotel
Basement 0 5,711 5,711
First Floor 32,725 35,345 38,644 3,299
Second Fl o or 24,524 24 ,142 26,322 2,180
Third Floor 17,724 16,363 24,379 8,016
Total Hotel : 74,973 76,353 95,056 18,703
Retail and Office Building
First Floor 6,509 6,467 0 -6.467
Second Floor 1,971 3,702 0 -3,702
Total Retail/Office GSF: 8.480 10,169 0 -10,169
Restaurant Building (Relocated
To Ortega Hwy Frontage)
First Floor 5,747 6,095 3,617 -2,478
Second Floor 0 0 1,217 1,217
Total Restaurant GSF : 5,747 6,095 4,8 34 -1,261
Total Building Floor Area (GSF): 89,200 92 ,617 99,890 7,273
Total Above-grade Floor Area 89,200 92 ,617 94 ,179 1,562 (GSF):
Room Count 124 124 124 0
Site Coverage
Total First Floor Footprint 44,981 47,907 42,2 61 -5,646
Percent Site Covered 33 .3% 35 .5% 26 .8% -8.7%
Total Floor Area Ratio 66.1 % 68.6% 63.3% -5 .2%
Required Parking For Proposed
AC Modlflcatlon Calculation Quantity Total Required
Hotel .8 space per room 124 100
Restaurant Per Parking Study 1 space per 100 SF 4,834 48
Events 1 space per 400 SF 5,500 14
Total Code Required Parking 185 162
Code Required Parking Provided
Site Level I 109
Basement Parking I 67
Toral Code Required Parking Provided lnduded In AC Mod Appncatlon Plans•• I 176
Other Parking Provided
Added Spring Street Parking Per License Agreement (Separate Submittal) 14
Added Parking in Excess Right Of Way Per Master Plan (Separate Submittal) 16
Tandem Parking Stalls Added in Basement 27
Additional Parking Capacity In Valet Configuration 40
Total Additional Parking Created By Project 97
I Total Project Parkln1 Created In Master Plan 211
• The Plaza Banderas Project was processed under a stated acreage of 3.1. However the approved site
plan, in coordination with the approved Development Agreement, included the .44 acre excess right of
way which is being deeded back to the property.
•• The Plaza Band eras Project was approved to provide 185 parking stalls.
••• The 2011 Project Description lists 76,353 as the total hotel square footage, but there is 503 SF
discrepancy in the floor plan toto/.
ATTACHMENT 1
(***MODEL-REMOVE THIS TITLE WHEN USED***)
[***FOR PROFESSIONAL SERVICES-DEFINED AS:
SPECIALIZED SERVICES SUCH AS FINANCIAL, ECONOMIC, ACCOUNTING, LEGAL, ENGINEERING
OR ADMINISTRATIVE SERVICES***)
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of , 20 __ by and
between the City of San Juan Capistrano, a municipal corporation organized and operating
under the laws of the State of California with its principal place of business at 32400 Paseo
Adelanto, San Juan Capistrano, CA 92675 ("City"), and [***INSERT NAME***], a [***INSERT
TYPE OF ENTITY-CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER
LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter
referred to as "Consultant"). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
(hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit "A." [Alternatively, Scope of Services can be included here and
all subsequent exhibits renumbered accordingly.]
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B." [Alternatively, Schedule of
Charges may be included here and all subsequent exhibits renumbered accordingly.]
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $ [Insert amount of
1
6 1147.02100\10974777.1
ATTACHMENT 3
compensation]. This amount is to cover all printing and related costs, and the City will not pay
any additional fees for printing expenses . Periodic payments shall be made within 30 days of
receipt of an invoice which includes a detailed description of the work performed. Payments to
Consultant for work performed will be made on a monthly billing basis .
3. Additional Work.
If changes in the work seem merited by Consultant or the City , and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records .
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Perfor ma nce.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder within [Insert number of
calendar days for performance of the services -If more detail Is required attach "Activity
Schedule" as Exhibit C, otherwise delete Exhibit C.] The Notice to Proceed shall set forth
the date of commencement of work.
6. De lays in Pe rform ance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party . For purposes of this Agreement, such circumstances include but are not
limited to, abnormal weather conditions ; floods; earthquakes; fire ; epidemics; war ; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non -performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Co mp lian ce with Law .
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cai/OSHA requirements.
2
61147 02100\10974777.1
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City . No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance . Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain , during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
3
61147.02100\10974777 .1
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for ( 1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured .
b . Auto mob ile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles , in a form and
with insurance companies acceptable to the City .
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City , its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c . Workers' Compensati on/Employer's Liability
(i) Consultant certifies that he/she is aware of the prov1s1ons of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
4
61147.02100\10974777 .1
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein . Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers ' compensation coverage of the same type and limits
as specified in this section.
d. Professional Liabili ty (Error s and Omis sio ns)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of' the insured and must include a provision establishing the insurer's
duty to defend .
e. Minimum Po lic y Li mits Req ui red
(i) The following insurance limits are required for the Agreement:
Commercial General Liability
Automobile Liability
Employer's Liability
Professional Liability
Com bine d S ingl e Limit
$1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
$1,000,000 per occurrence for bodily injury and
property damage
$1,000,000 per occurrence
$1 ,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f . Evide nce Requ ired
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein . Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
5
6 1147.02100\10974777.1
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (1 0) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss .
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
6
61147.02100\10974777 1
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabil ities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to ,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments . In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. S ubconsultant In surance Re qu irem ents. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence sat isfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
~ubcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees , agents and volunteers free and harmless from any and all claims , demands, causes
of action, suits, actions , proceedings, costs, expenses , liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons ,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
7
61147 02100\10974777.1
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Addi t iona l In demni ty Obli gati o ns . Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost , expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers ,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials , officers, employees , agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. Califo rnia Labor Co de Requiremen ts.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims , liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725 .5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable . This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employmen t Eli g ibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
8
61147.02100\10974777 .1
[Delete the following provision and renumber all further provisions, if not applicable.]
15. City Material Requ irements .
Consultant is hereby made aware of the City's requirements regarding materials, as set
forth in [Insert the name of the document that contains the City's standard material
requirements], which are deemed to be a part of this Agreement.
16 . Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
18 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
19. Organization
Consultant shall assign as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
20. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
21. Notice
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61147.02100\10974777 .1
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
CITY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: [***INSERT NAME & DEPARTMENT***]
and shall be effective upon receipt thereof.
22. Third Party Rights
CONSULTANT:
[***INSERT NAME, ADDRESS & CONTACT
PERSON***]
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
23. Equal Opportun ity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
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27. Non~Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
28. Time of Essence
Time is of the essence for each and every provision of this Agreement.
29. City's Right to Employ Othe r Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant , to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
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61147.02100\10974777. I
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND (***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO
By :
[INSERT NAME]
[INSERT TITLE]
ATTEST:
By :
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
61147.02100\10974777.1
[INSERT NAME OF CONSULTANT]
By :
Its:
Printed Name : ________ _
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61147.02100\10974777.1
EXHIBIT A
Scope of Services
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
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61147.02100\10974777.1
61147.02100110974777.1
EXHIBIT C
Activity Schedule
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