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
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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.
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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
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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. 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
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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:
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
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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.
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 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
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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. 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
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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.
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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
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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]
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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 KEETON KREITZER CONSULTING
By: ' By:
enj iiegel
'Cit Manager Its:
Printed Name:
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
qiA:ttorney
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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 KEETON KREITZER CONSULTING
By:
By:
Benjamin Siegel
City Manager Its:
Printed
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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0114:u:31r_l
Scope of Services
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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