16-0830_ED ALMANZA & ASSOCIATES_Professional Services AgreementCITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of (lUWli^l O^' • 2016 ("Effective
Date") by and between the City of San Juan Capistrano, a munic/ipal 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 Ed Almanza & Associates, a
Company with its principal place of business at 422 Glenneyre Street, Laguna Beach, CA 92651
(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
CEQA consultant services for the following project:
Rancho Mission Viejo Riding Park 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:
1. 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 $27,480.00. 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. Delavs 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 Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein.
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(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) NOT APPLICABLE
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.
f. 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 Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
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the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
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canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative. City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law. Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnitv Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
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therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. 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 Eliqibility.
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 Ed Almanza as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
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: CONSULTANT:
City of San Juan Capistrano Ed Almanza & Associates
32400 Paseo Adelanto 422 Glenneyre Street
San Juan Capistrano, CA 92675 Laguna Beach, CA 92651
Attn: Steve May, Public Works and Utilities Attn: Ed Almanza
Director
and shall be effective upon receipt thereof.
21. Third Partv Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Egual Opportunitv Emplovment.
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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 Aqreement
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. Citv's Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
30. Prohibited Interests
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]
61147.02100110974777.1
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ED ALMANZA & ASSOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO Ed Almanza & Associates
APPROVED AS TO FORM:
6I147.02100\I0974777.1
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EXHIBIT A
Scope of Services
61147.02100110974777.1
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RMV RIDING PARK • WATER PIPELINES
CEQA DOCUMENTATION
PROPOSED SCOPE OF WORK
INTRODUCTION
This proposal presents a seope of services to conduct CEQA analysis to address potential
environmental effects of alternative alignments to construct a 12-inch domestic water
distribution water line and 6-inch recycled distribution water line within the Rancho Mission
Viejo Riding Park in northeast San Juan Capistrano. The principal product of this seope of work
is an Initial Study in compliance with CEQA and the City of San Juan Capistrano's CEQA
Implementation Procedures, to provide the basis for determination of the appropriate path for
CEQA review and documentation: a Negative Declaration, a Mitigated Negative Declaration, an
EIR Addendum, or a Supplemental Environmental Impact Report. The CEQA detennination
will be based on the analysis and findings of the Initial Study. However, this scope also includes
tasks and methods for completing a Mitigated Negative Declaration (MND), in anticipation of
the Initial Study leading to that outcome. The environmental assessment outlined in this
proposal is designed to resolve environmental issues and provide mitigation for all potentially
significant impacts. To this end, this seope of work assumes close collaboration with City staff
through all stages of the environmental review process.
I. CONTENT AND SCOPE OF INITIAL STUDY
This scope of work is designed to provide an Initial Study that achieves the following:
(1) Identifies potential environmental impacts of constructing proposed pipelines and related
facilities, along with associated changes in water use at the site;
(2) Identifies feasible mitigation measures and/or modifications to the projeet or its design
that might be wairanted to avoid significant impacts;
(3) Provides the basis for the City's determination of subsequent stages in the CEQA process
(i.e.. Negative Declaration, Mitigated Negative Declaration, EIR Addendum, or
Supplemental Environmental Impact Report).
If, as a result of our analysis, the Initial Study finds that the project will result in no signifieant
impacts, we will prepare a Negative Declaration. If the analysis finds that feasible mitigation
measures identified by the Initial Study will reduce all project impacts to a level below
significant, we will prepare a Mitigated Negative Declaration and companion Mitigation
Monitoring Reporting Program. If reduetion of signifieant adverse impaets below a level of
significance cannot be achieved, we will identify critical issues and the seope of any further
analysis that may be necessary to fully resolve outstanding environmental issues.
The document's format will be based on the City's standard Initial Study form (Environmental
Checklist), with supplementary text, graphics and technical information that clearly support and
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Exhibit A
elucidate the methods of assessment and findings. The Initial Study's impacts evaluation will be
based on the City's adopted Thresholds of Signitlcance, or where the City has not established
speeific thresholds, those established by Final EIR 589 for The Ranch Plan. In all cases, the
study will explicitly state the basis of its findings with appropriate supporting data. Impacts will
be identified as "'less than significant", "significant" or "cumulatively significant". Mitigation
measures will be accompanied by a statement of the level of mitigation achieved upon
implementation.
The Initial Study will include the following sections and other information as required by the
City's standard Initial Study format and these seetions shall be supplemented as needed with
appropriate maps, figures, and tables to support the Initial Study's analysis.
Introduction
The document will begin with a brief Introduction section describing the nature of the Initial
Study, its role in the CEQA process, the City's obligations under CEQA, and the Initial Study
proeess. The Introduction will identify the eomponents of the Initial Study, and generally assist
the reader in understanding how the document's components function together to fulfill this first
step in the project's CEQA process.
Project Description
The Initial Study will provide a thorough Project Description that describes the Rancho Mission
Viejo Riding Park along with the eurrent land use and conditions at the site and in the immediate
surroundings. The site will be depicted in a precise map at a local scale, illustrating its
relationship to adjaeent roads and existing land uses in the vicinity. Other maps will show the
site's location relative to the City's boundaries and the regional setting.
The Projeet Description section will identify the proposed alignment and dimensions of the
pipeline as well as staging areas and proposed construction methods. The doeument will also
identify the project's purpose and context relative to local water consumption and the project's
implications for overall water consumption in the city.
Surrounding Land Use & Project Setting
Within this section, the Initial Study will identify the site's environmental setting and eontext.
The assessment will describe present uses at the site, along with the present and future proposed
land uses of neighboring properties. It will identify the site's zoning, its General Plan
designation and its relationship to other relevant local and regional plans. Special attention will
be given to any relevant conditions imposed by the Purehase and Sale Agreement entered into by
the City and Rancho Mission Viejo that might constrain land use at the site, in terms of either
type of land uses or their siting within the parcel. The environmental assessment will also
enumerate the several eonditions related to the Sensitive Resource Area on and adjaeent to the
site and other relevant conditions established through previous approvals (Southern Orange
County Subregion Habitat Conservation Plan (HCP), Implementation Agreement. Special Area
Management Plan (SAMP), Open Spaee Agreement, Master Streambed Alteration Agreement.
2
and other germane plans, policies, regulations and conditions of approval) that govern land use at
the site.
This section of the Initial Study will perform a funetion analogous to the Affected Environment
(or Existing Conditions) seetion of an EIR. In a generalized way it will touch upon those site
conditions and resources that will later be highlighted in more detail as individual potential
impacts are diseussed in the Environmental Evaluation section (see below). In doing so, it will
identify signifieant environmental issues, providing the foundation for the document's
subsequent assessment of impaets.
Other Required Agency Approvals
The Initial Study will identify any approvals required of agencies other than the City to
implement the project (County, State, Federal or special Districts). This section will provide
further context to the project and its resources, as well as identify any future aetions of other
agencies and their relationship to this CEQA document as responsible or permitting ageneies. It
is also important to identify required permit approvals because of their potential value as
mitigation measures and/or eonditions of approval. The document will therefore list all ageneies
with permitting authority over any aspect of the project, along with the basis of that authority, the
specific permit required, and the nature of the resource or improvement that falls within the
agency's jurisdiction.
Environmental Evaluation
The study will discuss the full range of potential impacts, using the City's Initial Study form
(Environmental Checklist) as a framework for item by item diseussion. Although all
environmental issues of the Initial Study form will be discussed, we anticipate that two particular
issues, especially biological resources and air quality, will warrant speeial attention. Key
environmental issues include the following.
Land Use
The Initial Study will discuss any potential land use impaets that might result from construction
or operation of the pipeline. Potential confliets related to noise, aestheties or other specific
environmental effects will each be discussed individually in their own sections of the assessment.
The Land Use section will address the general issue of compatibility of the pipeline with the
current land use at the Riding Park. Within this section, the study will also address any potential
eonflicts with adopted policies, plans or regulations adopted for the purpose of avoiding
environmental impacts.
Circulation and Parking
The Initial Study will address the project's potential effeet on the local and regional circulation
system. Because vehicular trips generated by the project will be limited to short-term,
construetion-related traffic, the Initial Study will limit the diseussion of traffic effects to an
estimate of construction-related trips and comparison of the project's trip generation to the
3
maximum number of new trips allocated to the site by the County of Orange MPAH and
enumerated in the Purchase & Sale Agreement eonveying the property from RMV to the City.
We will rely on the City's Public Works Department to estimate the project's construction trips
(ADT and peak hour) based on construction phases provided by the City's Utilities Department,
and relate the project's potential effects to the City's significance thresholds for traffic impacts.
Because the traffic generated by the project is expected to be small (below significance
thresholds), the Initial Study will not include a quantitative analysis of projeet impacts on local
intersections or roadway links.
Biological Resources
The Initial Study will include an assessment of potential construction-related effects on native
habitats and special status plant and animal species. The assessment will focus on potential
impacts to resources within the designated Sensitive Resources Area, but will also address the
potential to impact any other significant biological resources onsite (or in proximity), either
directly or indirectly. The impacts assessment will integrate findings of a site visit by a qualified
field biologist to identify biological resources in and near the proposed pipeline alignment (and
staging areas), and identify any potential direct or indirect impacts. Appropriate mitigation
measures will be provided to address any potential significant impacts that are identified. Our
scope and cost estimate also includes in-field marking of sensitive habitat adjacent to preferred
pipeline alignments, in anticipation of probable USFWS requirements.
Cultural Resources
The Initial Study will evaluate potential effects of pipeline construction on prehistoric (Native
American/Juaneiio Band of Mission Indians-Acjachemem Nation) and historic cultural
resources. The assessment will determine whether or not pipeline construction has the potential
to encounter significant cultural resources, based on review of available documents depicting
previous grading and trenching activities within the alignment and a review of recorded
observations and literature on cultural resources. The Initial Study will draw on infonnation in
the technical cultural resources assessment prepared for the Initial Study for the Recycled
Waterline Project (Ed Almanza & Associates, 2013) by Archaeological Resource Management
Corporation.
Geotecltnical Conditions
The environmental assessment will identify geologic and soils conditions of the site, based on
available geoteehnical studies. Although geoteehnieal constraints are not anticipated to be a
major issue, the Initial Study will identify any constraints that might warrant remediation or
which might give rise to special consideration for avoiding impacts. The Initial Study will
address all related issues prompted by the City's Environmental Checklist.
Hazardous Materials & Toxic Substances
The Initial Study will identify cunent eonditions related to hazardous materials and toxic
substances, based on the Phase ESA prepared previously for the site (2009). The study will
4
identify appropriate steps to remove or remediate any remaining substances that might present an
adverse effeet in association with pipeline construction or use. Significance thresholds applied to
the mitigation of hazardous or toxic materials will include those of the Regional Water Quality
Control Board, the U.S. Army Corps of Engineers (through the established SAMP) and the
City's standard requirements. The Initial Study will also address the potential hazard presented
by the presence of the Kinder Morgan Pipeline.
Hydrology and Water Quality
Although pipeline construction is unlikely to generate significant effects on hydrology or water
quality, the Initial Study will diseuss local hydrological conditions and existing drainage patterns
to and across the site. The diseussion will include the site's relationship to San Juan Creek (and
designated flood hazard zones). In describing onsite hydrology, the Initial Study will identify the
need for the pipeline alignments to avoid desiltation basins and other drainage features on the
site. The project's effects, if any, on the magnitude or direction of flow of surface runoff (e.g.,
during construction) will be addressed through discussion of precautionary measures such as the
standard condition of approval for a Stormwater Pollution Prevention Plan (SWPPP) and other
features or procedures that will be integrated into the projeet for the purpose of avoiding impacts.
Thresholds of significance applied to the projeet will include all relevant conditions imposed on
the site through prior approvals (HCP, SAMP and Master Streambed Alteration Agreement)
along with applicable City standards.
Noise
The Initial Study will identify the potential for construction-related noise to impact offsite
properties or current uses onsite, as well as nearby wildlife habitat. The assessment will identify
probable noise levels during the park's construction phases (based on assumptions provided by
the City for phasing and construction equipment). We will identify mitigation measures that are
consistent with the City's adopted policies and standard conditions of approval. Construction
noise levels will not be modeled, but will be projected based on known noise levels previously
measured from similar construction equipment and activities.
Visual Impacts
The environmental assessment will address the potential for the proposed pipeline construction
to affect the visual environment. Discussion of visual impacts will focus on the significant
public viewsheds from Ortega Highway and Avenida La Pata. We will review the City's Design
Guidelines for any relevant criteria and significance thresholds applicable to visual impacts
associated with construction actions. In the event that visual impacts are found to be significant,
we will work with Staff to identify methods to mitigate any adverse effects.
Air Quality & Greenhouse Gas Emissions
The Initial Study will discuss the project's potential to generate air pollutants at significant levels
that exceed local and regional emissions thresholds. The document will include findings of a
technical study (to be prepared by Michael Brown of Cadence Environmental Consulting) to
5
quantify emissions associated with the construction and operational (post-development) phases
of the project. The assessment will address vehicular emissions from construction traffic, based
on clearly defined assumptions of equipment anticipated to be employed on site. Particulate
emissions from construction activities will also be addressed. The document will provide
measures to reduce dust generation in accordance with South Coast Air Quality Management
District requirements. The air quality assessment will also address the project's long-term
emissions, including potential greenhouse gas emissions associated with energy use. The
discussion of greenhouse gas emissions will address other cumulative actions and identify
appropriate significance thresholds for evaluating greenhouse gas emission impaets.
Utilities, Infrastructure & Community Services
The study will identify any potential effects that pipeline construction might have on existing
utilities or infrastructure related to eommunity services. It is assumed that the City will provide
GIS maps with locations of existing utilities within the site.
Cumulative Impacts
The Initial Study will identify other projects that might share eumulatively significant impacts
with this project. The potential for cumulative impacts will be addressed for the full range of
environmental topics. We will coordinate with the City staff to ensure that the study applies the
same assumptions for anticipated projects that are applied to other current projects in the city.
Additional Topics
In addition to the topics itemized above, the Initial Study will address all other environmental
topies identified in the City's standard Initial Study form, including Agriculture Resourees,
Mineral Resources, Population & Housing, and the Mandatory Findings of Significance.
References
The Initial Study will include complete references to all technical studies and sources of
supporting information cited in the body of the document (e.g., the prior EIR on the Rancho
Mission Viejo Ranch Plan and its technical reports). The References Section will also identify
persons and organizations consulted during document preparation, included City staff and
members of the project team.
II. CEQA DETERMINATION
The Initial Study will provide the basis for the City's CEQA determination which could be a
Negative Declaration, Mitigated Negative Declaration, EIR Addendum, or Supplemental
Environmental Impact Report. Should the Initial Study find that the project would result in no
significant impacts, a Negative Declaration (ND) will be prepared. Should the Initial Study find
that the project would result in impacts, but all impacts can be mitigated to a level below
significant through feasible measures, we will prepare a Mitigated Negative Declaration (MND)
for the project. This task will include a screencheek draft MND, a Publie Hearing MND (with
6
revisions per staff) and a Final MND. If necessary based on the Initial Study, we will prepare a
Mitigation Monitoring & Reporting Program to aceompany the MND. We will also be
responsible for preparing and posting required CEQA notices to be filed with the County Clerk.
III. BIOLOGICAL RESOURCES CONSTRUCTION PLAN
We will prepare a Biological Resources Construction Plan (BRC) for the project, required by
U.S. Fish & Wildlife Service as a condition of the Habitat Conservation Plan for Rancho Mission
Viejo. The BRC will doeument measures to avoid impacts to significant biological resources on
or adjacent to the site and demonstrate eompliance with the Habitat Conservation Plan. We will
work with the staff at U.S Fish & Wildlife Seiwice in their review of a draft BRC toward final
acceptanee of a BRC that allows the project to proceed immediately to construction.
IV. MEETINGS & HEARINGS
We are prepared to attend one kiek-off meeting, a minimum of three projeet status meetings, and
three public meetings or hearings (Open Spaee Commission, Planning Commission, City
Council). Our goal is to meet the City's needs related to both public involvement and
eoordination with Staff, and to that end we will maintain flexibility in our allotment of time to
meetings and hearings.
V. DELIVERABLES
We will provide the following products in electronic (Word and/or PDF) form:
A. Preliminary Initial Study
B. Revised Initial Study (integrating City comments)
C. Public Review Draft Initial Study
D. Preliminary Mitigated Negative Declaration
E. A Final Initial Study and Mitigated Negative Declaration, with Mitigation Monitoring
and Reporting Program
F. Biological Resources Construction Plan
We are prepared to provide up to six (6) copies of each deliverable A through C, if requested by
the City.
VI. PROJECT SCHEDULE
We will begin preparation of the Initial Study immediately upon authorization. We understand the
City's desire to complete this work within an efficient time frame and intend to work closely with
City staff to meet the City's scheduling needs. The schedule of milestones presented below
assumes that the project does not change substantially during the course of our work and that
project plans, materials and information from the City are fully available early on.
• Submittal of Preliminary Initial Smdy 4 weeks after authorization
& receipt of all materials.
7
Submittal of Draft Initial Study 14 days after receipt of City comments
Notice of Intent to Prepare a ND or MND. Immediately upon City determination
to proceed with ND or MND
Public Hearing IS and ND or MND Concurrent with StatT requirements for
inclusion in Staff report
Final IS & ND or/MND and Notices Immediately following adoption of ND
or MND
Biological Resources Construction Plan Immediately following adoption of ND
or MND
VII. INFORMATION & MATERIALS
This seope of work assumes that the City will provide several documents and other sources of
information, including:
• A project description with sufficient detail to evaluate impaets, including proposed pipeline
alignments and dimensions, ancillary facilities, methods and phasing of eonstruetion, post-
construction operations and projections of water use resulting from the project's
implementation;
• Construction schedule and equipment to be used during each phase;
• Grading plans and other documentation of previous trenching and grading within the
proposed pipeline alignment;
• GIS files and maps depicting the proposed alignment, existing uses, utilities and site
boundaries;
• A sehematic diagram of the proposed pipeline depicting its cross-sectional dimensions and
location relative to the existing Chiquita Land Outfall Pipeline and other pipelines onsite.
We are prepared to perfonn the tasks of this scope of work based on the budget provided in the
attached spreadsheet.
VIII. BUDGET
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IX. PERSONNEL
Ed Almanza will act as Project Manager and primary contact with City staff and with other
members of the project team. Mr. Almanza has previously prepared several environmental
documents for the City, including the Initial Study and MND for the Recycled Water Pipeline at
the RMV Riding Park (2013). Other CEQA work performed for the City includes CEQA review
and documentation for the Reata Park and Event Center Master Plan, the Marriott Hotel, the
Costco Expansion, the Saint Margaret's Episcopal School Master Plan, and Environmental Impact
Reports for Centra Pointe Commercial and Medical Offices, the San Juan Capistrano Open Space
Master Plan EIR and the Concorde Development GPA and Tract Map. As is our usual practice, all
seetions of the document will be written, and the entire document overseen, by Ed Almanza, acting
as Principal and Project Manager.
Technical assistance for this document will be provided by Michael Brown of Cadenee
Environmental Consultants who will develop quantitative projections of air quality and greenhouse
gas emissions in the fonn of a stand-alone technical report. Biological resources will be addressed
by Mr. Robb Hamilton, who is already familiar with the site, will conduct a site visit to determine
if site eonditions are similar to those identified during the 2013 study for the Recycled Water
Pipeline environmental assessment. Mr. Hamilton will advise on methods for avoiding impacts to
sensitive resources and will assist in preparation of the Biological Resources Construction Plan.
When appropriate and as neeessary, he will mark the eonstruetion boundaries around sensitive
resourees to enable constmction to proceed following completion of the environmental review
process.
9
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.
61147,02100\10974777.1
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