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16-0809_KEETON KREIZER CONSULTING, INC_Professional Services AgreementCITY OF SAN JUAN CAPISTRANO PROFESSIONAL SERVICES AGREEMENT 41 This Agreement is made and entered into as of ngwSP11 , 2016 ("Effective Date") 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 Company with its principal place of business at 17291 Irvine Boulevard, Tustin, CA 92780 (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 environmental consulting services for the following project: Eastern Irrigation Water System (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: Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit "A." 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." b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $21,630.00. 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 1 61147.02100\10974777.1 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 hereunder within 9 months following the Effective Date of this agreement. 6. Delays in Performance. 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 Cal/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. 2 61147.021 00\10974777.1 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 Liabil ty (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. for the following; (iii) Commercial General Liability Insurance must include coverage (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 3 61147.02100\1 0974777.1 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. Automobile 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' Compensation/Employer's Liability (i) Consultant certifies that he/she is aware of the provisions 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 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 Liability (Errors 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 4 61147.02100\10974777.1 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: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer's Liability $1,000,000 per occurrence Professional Liability $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. Evidence Required 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. Policy Provisions Re 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 (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 5 61147.02100\ 10974777.1 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. 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 6 61147.02100\1 0974777.1 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 Indemnity Obliciations. 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 7 61147.02100\1 0974777.1 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. California Labor Code Requirements. 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 Employment Eligibility. 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. 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. 16. 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 8 61147.02100\10974777.1 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. 17. 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. 18. Organization Consultant shall assign Keeton Kreitzer as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. above. 19. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described 20. 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 CONSULTANT: Keeton Kreitzer Consulting 17291 Irvine Boulevard Tustin, CA 92780 Attn: Steve May, Public Works and Utilities Attn: Keeton Kreitzer Director and shall be effective upon receipt thereof. 21. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 22. Equal Opportunity Employment. 9 61147.02100\10974777.1 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, Cather 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 10 61147.02100\1 0974777.1 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. 31. Counterparts This contract may be executed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] 11 61147.02100\ 10974777.1 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 KEETON KREITZER CONSULTING By: ' By: enj iiegel 'Cit Manager Its: Printed Name: ATTEST: By: City Clerk APPROVED AS TO FORM: By: qiA:ttorney 12 61147.021 00\l 0974777.1 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 KEETON KREITZER CONSULTING By: By: Benjamin Siegel City Manager Its: Printed ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney 12 61147.02100110974777.1 0114:u:31r_l Scope of Services 13 61147.02100\ l 0974777.1 KEETON KREITZER CONSULTING P. 0. BOX 3905, TUSTIN, CA 92 781-3 905 Office: 714-665-8509 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES EASTERN IRRIGATION SYSTEM IMPROVEMENTS 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 prepare an initial study (IS) for the proposed Eastern Irrigation System Improvements project in order identify the appropriate environmental clearance document that would be required to comply with the requirements of CEQA and the City's adopted CEQA Guidelines. The proposed Eastern Irrigation System Improvements project includes construction of water main and their extension from existing facilities to a proposed water tank in order to blend groundwater with potable water for use in providing additional water for irrigation. The City of San Juan Capistrano Utilities Department has proposed alignments and locations for the proposed water main extensions and water tank location. 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 analyze the proposed project; (3) competent review of technical studies required for the environmental analysis; (4) preparation of the environmental documentation (i.e., modified environmental analysis; (5) processing of the environmental documentation 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 the preparation of an initial study, which would include mitigation measures, if determined necessary as a result of the analysis, to ensure that potential impacts are reduced to a less than significant level, resulting in a Mitigated Negative Declaration determination. The scope of work presented in this proposal identifies and describes the work effort necessary to complete the Initial Study/Mitigated Negative Declaration. Scute o[ Work 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/Mitigated Negative Declaration). Project coordination will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation Meeting as the first step in that process. That meeting will be held at the first available time after the contract has been awarded and executed. Participants in the meeting will include representatives of the City of San Juan Capistrano, KKC, and technical consultants deemed necessary to provide direction in the planning and environmental review process for the proposed project. Topics of discussion will include the definition of the project description, identification of responsible agencies and sources of information, and the project Proposal for Environmental Consulting Services Eastern Irrigation System Improvements Project - San Juan Capistrano August 1, 2016 Exhibit A KEETON KREITZER CONSULTING A 0. BOX 3905, TUSTIN, CA 92781-3905 Office: 714-665-8509 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. 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: $1,800.00 Task 2 - Sub -Consultant Studies In order to ensure that the analysis thoroughly assesses each of the environmental topics identified above, it will be necessary to conduct the following technical studies as part of the environmental analysis: Air Quality This assessment would be limited only to estimating construction -related air pollutant emissions using the current CaIEEMod2013.2.2 model. (Due to the nature of the project, no long- term/operational air pollutant emissions would be expected.) GHG Similar to the air quality assessment, GHG construction -related GHG emissions would also be estimated utilizing the current SCAQMD-recommended methodology. Cultural Resources Assessment Because excavation will be required to implement the water system improvements, it will be necessary to conduct a cultural resources field investigation and records search through the South Central Coastal Information Center in order to determine if the project would affect archaeological or cultural resources. The cost for each of these technical studies is included in the estimated budget. However, one additional technical study would be required to adequately evaluate the potential impacts of the project. Once the proposed alignment is selected by the City, KKC will utilize the Biological Assessment prepared by Dudek for the alignment and related facilities as the basis for the analysis of biological resources in the initial study. Additional technical information that must be provided to KKC includes that related hydrology and water Proposal for Environmental Consulting Services Eastern Irrigation System Improvements Project - San Juan Capistrano August 1, 2016 KEETON KREITZER CONSULTING A 0. BOX 3905, TUSTIN, C4 92781-3905 Office: 714-665-8509 quality and, specifically, to best management practices that will be employed by the City to address water quality impacts during the construction phase. This information would be provided by the City of San Juan Capistrano. Proposal for Environmental Consulting Services Eastern Irrigation System Improvements Project- San Juan Capistrano August 1, 2016 KEETON KREI TZER CONSULTING P. 0. BOX 3905, TUSTIN, CA 92 781-3 905 Office: 714-665-8509 Estimated Time Frame: 3 Weeks Estimated Budget: $ 4,000.00 ($ 750.00 - Air Quality Assessment) ($ 750.00 - GHG Assessment) ($ 2,500.00 - Cultural Resources Assessment) Task 3 - Preparation of the Screencheck Initial Study This task encompasses research and analysis of the Eastern Irrigation System Improvements project in order to prepare the initial study. In order to qualify for a Mitigated Negative Declaration, the initial study must necessarily be extensive and thorough. Each of the topics 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 are adequately analyzed in the initial study. The Screencheck Initial Study will address each item included in the CEQA environmental checklist as reflected in the proposed table of contents. TABLE OF CONTENTS EASTERN IRRIGATION SYSTEM IMPROVEMENTS PROJECT 1.0 INTRODUCTION AND PURPOSE 1.1 CEQA Compliance 1.2 Environmental Determination 2.0 PROJECT DESCRIPTION 2.1 Project Location 2.2 Project Background 2.3 Discretionary Approvals Currently Sought for the Project 2.4 Proposed Del Valle Single -Family Condominium Project 2.6 Project Phasing 3.0 ENVIRONMENTAL ANALYSIS 3.1 Aesthetics 3.2 Agricultural and Forest Resources 3.3 Air Quality 3.4 Biological Resources 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 Proposal for Environmental Consulting Services Eastern Irrigation System Improvements Project - San Juan Capistrano August 1, 2016 KEETON KREITZER CONSULTING A 0. BOX 3905, TUSTIN, CA 92 781-3 905 Office: 714-665-8605 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 CONSULTED 6.0 REFERENCES Estimated Time Frame: 4 Week Estimated Budget: $9,200.00 Task 4 - Preparation of the Draft Initial Study KKC would meet with City staff to discuss the findings of the initial study and submit the document for review and comment prior to preparing the Draft Initial Study. KKC will address all of the comments on the Screencheck Initial Study submitted by City staff in order to prepare the Draft Initial Study, which will be distributed for public review and comment following approval of its release by City staff. KKC will be responsible for printing the Draft Initial Study/Mitigated Negative Declaration and distributing the documents via certified mail/return receipt along with the Notice of Intent (N01) to the distribution list developed by the City. KKC will also be responsible for posting a copy of the N01 and Draft Initial Study/Mitigated Negative Declaration at the Orange County Clerk -Recorder as required. Estimated Time Fame: 1 Week Estimated Budget: $1,380.00 Task 5 - Responses to Public Comments At the end of the State -mandated 30 -day public review period, all comments received by the City from local, State and other responsible agencies and interested parties will be forwarded to the KKC. Each comment will be addressed as it relates to the adequacy of the IS/MND. An appendix to the IS/MND will be prepared that includes a listing of each agency/individual commenting on the Draft IS/MND, the correspondence received from the commentator, and the responses prepared for each relevant comment. (Note: The estimated budget for this task is based on a maximum of five letters or 20 individual comments.) Estimated Time Frame: 2 Weeks Estimated Budget: $1,840.00 Task 6 - Public Hearings If requested by the City, KKC will attend up to two (2) public hearings, including one (1) before the San Juan Capistrano Planning Commission and one (1) public hearing before the San Juan Capistrano City Council for making all presentations and responding to questions raised during the public hearing. Should additional hearings be required, they will be charged at the appropriate hourly rate. Proposal for Environmental Consulting Services Eastern Irrigation System Improvements Project - San Juan Capistrano August 1, 2016 KEETONKREITZER CONSULTING P. 0. BOX 3905, TUSTIN, CA 92 781-3 905 Office: 714-665-8605 Estimated Time Frame: As Required Estimated Budget: $1,200.00 Task 7 - Preparation of the Notice of Determination If the proposed Eastern Irrigation System Improvements project is approved by the San Juan Capistrano City Council, KKC will be responsible for preparing the Notice of Determination (NOD) and filing that document with the Orange County Clerk/Recorder within five (5) days of project approval as prescribed by the CEQA Guidelines. In addition, if the biological assessment concludes that there are no significant impacts to biological resources, KKC will also prepare the California Department of Fish and Wildlife (CDFW) No Effect Determination request in order to waive the CDFW fee, which must be paid at the time the NOD is filed with the County Clerk -Recorder. Filing of the NOD will initiate a 30 -day statutory appeal period. Estimated Time Frame: As Required Estimated Budget: $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 a Class 32 Exemption "Modified Environmental Analysis" and for an Initial Study/Mitigated Negative Declaration. The respective estimated project schedules are presented below. Estimated Project Schedule - Initial Study/Mitigated Negative Declaration Eastern Irrigation System Improvements Project San Juan Capistrano, CA Task Description Estimated Time 1 Project Initiation Coordination As Required 2 Sub -Consultant Studies 2 - 3 Weeks 4 Screencheck Initial Stud 4 - 5 Weeks Ci!y Review 2 Weeks 5 Draft Initial Studv 1 Weeks Public Review Period 6 Weeks 6 Res onse to Public Comments 2 Weeks 7 Public Hearings As Required 8 Filing of Legal Notices As Required III. ESTIMATED BUDGET The scope of services and work described in Section I for an Initial Study/Mitigated Negative Declaration will be undertaken and completed for a not -to -exceed fee of $21,630.00. 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 Eastern Irrigation System Improvements Project -San Juan Capistrano August 1, 2016 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. 14 61147.02100\1 0974777.1 KEETON KREITZER CONSULTING P. 0. BOX 3905, TUSTIN, CA 92 781-3 905 Office: 714-665-8605 Budget Summary - Initial Study/Mitigated Negative Declaration Eastern Irrigation System Improvements Project San Juan Capistrano, CA Title I Man -Hours Billing Rate Estimated Budget Task 1- Project Initiation Coordination Principal 1 12 $150.00 Hour $ 1,800.00 Task 2 - Sub -Consultant Studies' Air Quality Assessment GHG Assessment Noise Assessment $ 750.00 $ 750.00 $ 2,500.00 $ 2,500.00 Task 3-Screencheck Initial Stud Report Preparation 1 80 1 $115.00 Hour $ 9,200.00 Task 4 - Draft Initial Stud Report Preparation 1 12 1 $115 Hour $ 1,380.00 Task 5 - Responses to Public Comments Report Preparation 1 16 1 $115.00 Hour $ 1,840.002 Task 6 - Public Hearings Principal 8$150.00 Hour $ 1,200.003 Task 7 - Legal Notices Report Preparation 4 $115.00 Hour $ 460.00 Miscellaneous Printing and Postage 1,750.00 TOTAL ESTIMATED BUDGET __+_$ 132 1 $21,630.00 'Does not include information that will be provided by the City of San Juan Capistrano. 2Estimated cost based on a maximum of five comment letter or 20 individual comments. 31ncludes 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. IV. BILLING AND PAYMENT All charges shall be in accordance with the Budget Summary presented in Section Ill of this proposal. Invoices shall be submitted on a monthly basis, which clearly describe the specific services and tasks performed during the billing period. Proposal for Environmental Consulting Services Eastern Irrigation System Improvements Project - San Juan Capistrano August 1, 2016 Exhibit R