15-0407-Amendment 1- Environmental Intellegence, LLCFIRST AMENDMENT TO
PERSONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PERSONAL SERVICES AGREEMENT
between the CITY OF SAN JUAN CAPISTRANO ("City") and ENVIRONMENTAL
INTELLEGENCE, LLC ("Consultant") is made and entered into, to be effective the 7th day
of April, 2015, as follows:
RECITALS
WHEREAS, the City and Consultant have entered into that Personal Services
Agreement dated December 17, 2013, for California Environmental Quality Act review
services (CEQA) for the Citywide Bikeway Gap Closure Project (CIP 11203) (the
"Agreement"); and
WHEREAS, the City and Consultant desire to amend the terms of the Agreement as
provided hereunder.
AMENDMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants
contained therein, City and Consultant agree to the amend Sections 1, 2 and 3 of the
Agreement as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall be amended to include
those tasks as set forth in Exhibit "A," attached and incorporated herein by reference. To
the extent that there are any conflicts between the provisions described in Exhibit "A" and
those provisions contained within the Agreement, the provisions in the Agreement shall
control.
Section 2. Term.
This Agreement shall commence on the effective date of this Agreement and
services required hereunder shall continue until notified that said services are no longer
required, subject to 15 days notice of termination.
Section 3. Compensation.
Total compensation for the amended services hereunder shall not exceed
$12,675, total contract amount, including expenses, etc. as set forth in Exhibit "B," attached
and incorporated herein by reference. This amendment will bring the total not to exceed
contract amount to $47,761.
-1-
54GO2&.1
All other provisions of the Agreement not amended hereunder shall remain in full
force and effect.
n.
APPROVED AS TO FORM:
BY: 41 �
ns V , City Attorney
-2-
540028.1
CITY OF SAN JUAN CAPISTRANO
By:
/�Q�k Puo-
Derek Reeve, Mayor
ENVIRONMENTAL INTELLGENCE, LLC
By:
David Levine, Principal
Environmental
Intelligence, LLC
March 2, 2015
City of San Juan Capistrano
Attn: Joe Mankawich, Associate Engineer
Development Services Department
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Subject: Proposal to Provide NEPA Services in Support of the Bikeway Gain Closure Project Located
in the City of San Juan Capistrano, California
Dear Mr. Joe Mankawich,
Environmental Intelligence, LLC (EI) is pleased to provide the City of San Juan Capistrano (City) with this
proposal to complete additional services for the preparation of National Environmental Policy Act (NEPA)
documentation in support of the Bikeway Gap Closure Project (Project) located in San Juan Capistrano,
California. In July 2014, EI completed a draft Initial Study/Mitigated Negative Declaration (IS/MND) for
the Project under the California Environmental Quality Act (CEQA). The IS/MND will be used to the
fullest extent possible to streamline the tasks outlined in this proposal. El understands that a portion of the
Project is funded using federal Congestion Mitigation and Air Quality (CMAQ) fiends and the City now
requires environmental review and approval by the Orange County Transportation Authority (OCTA) and
California Department of Transportation (CalTrans) under the NEPA process. EI will provide Ms. Eimon
Raoof Smith as the designated Project Manager on these tasks.
As a bicycle construction effort, the Project meets the requirements of a Categorical Exclusion (CE) under
23 USC 326. Specifically, the Project is listed in CFR 771.117(c) as an exemption under activity 3)
Construction of bicycle and pedestrian lanes, paths, and facilities and 235(i)) Federally -funded projects that
receive Iess than $5,000,000 of Federal funds. The IS/MND for the Project determined that the Project
would require mitigation related to avoiding potential impacts to biological resources, hydrology and water
quality, and hazards and hazardous materials.
The IS/MND determined that these potentially significant impacts would be reduced to a level that is "less
than significant" with the incorporation of mitigation measures. As previously noted, the Project meets the
requirements of a CE under 23 USC 326. Preliminary coordination with Caltrans indicates that a CE would
be the appropriate level of review for the Project. However, the Project must be fully assessed under
Caltrans' NEPA review process. In the event that the impacts identified in the .IS/MND are considered
"unusual circumstances" under NEPA Federal Highway Administration regulation 23 CFR 771.117(b), the
Project may require the completion of supplemental agency coordination and the preparation of the
appropriate environmental studies to determine if the CE classification is proper — if required, El would
complete these efforts under a separate scope of work. Per the City's direction, the EI has provided a
proposal to complete a CE for the Project.
The following Scope of Work, Costs Estimate, and Schedule are provided for preparation of a NEPA CE as
well as completion of the CEQA process for this Project for your immediate review and approval.
1590 South Coast Highway suite #17, Laguna Beach, California, 92651 • Phone: 949.497.0931 . www. enviro-intel.com
Mx. Joe Mankawieh
March 2, 2015
Page 2 of 4
EI assumes that all tasks completed tinder this scope of work will utilize the existing research and
documentation that has been completed for the Project..
TASK 1: Provide Project Management
Following authorization from the City to initiate work on the Project, EI will coordinate with the
City to finalize the scope of work, schedule, and project understanding for the NEPA and additional
CEQA services.
El's project management duties and assignments will be provided for the duration of the tasks that
are described in this Scope of Mork (anticipated to be approximately I hour/month for up to 4
months). Ms. Raoof will be the City's primary point -of. -contact for communication, scheduling,
quality assurance, budget control. EI anticipates that any general coordination with the City, OCTA,
and Caltrans (i.e. brief emails, calls, and other correspondence) will occur under the 4 hours
allocated to meetings in Task 5 of this proposal. The project management duties will include
oversight of each of the tasks described in this proposal. EI will remain in consistent
communication with the City via email and telephone conversations throughout the duration of the
work efforts. EI will alert the City to any meetings or coordination that exceeds the 8 hours
designated for project management (4 hours - Task 1) and meetings (4 hours - Task 5).
Work Products
® Weekly Status Emails
TASK 2: Pre are a Preliminary EnvironmentaI_21UgXJPES1
El will prepare a Preliminary Environmental Study. (PES) for the Project, The PES will be
completed using Exhibit 6-A Preliminary Environmental Study (PES) Form of the Caltrans Local
Assistance Procedures Manual. The PES will include the PES Form as well as any additional
attachments, exhibits and discussion that will provide a detailed description of the Project based
upon what was previously prepared for the Initial Study. El's Project Manager will use the
previously prepared Initial Study and incorporate information from the Initial Study to complete
discussion related to the Project. EI assumes that no now research, exhibits, or discussion will be
required to complete the PES.
EI will respond to up to one round of comments on the PES from the City. Following the City's
approval, El will finalize the PES for submittal to OCTA and Caltrans for review. .EI will respond
to up to one round of comments on the PES from OCTA/Caltrans.
Work Produds
® PES for submittal to the City
* PES for submittal to OCTA and Caltrans
TASK 3: Pre are a Cate&orical Exclusion
El will prepare a Categorical Exclusion for the Project under 23 USC 326. Specifically, the Project
is listed in CFR 771,117(c) as an exemption under activity 3) Construction of bicycle and
pedestrian lanes, paths, and facilities and 235(i)) Federally -funded projects that receive less than
$5,000,000 of Federal funds. El's Project Manager will use the previously prepared initial Study
and complete Caltrans' CE Checklist. EI assumes that no new research, exhibits, or discussion will
be required to complete the CE. EI's Project Manager will incorporate the discussion from the
Initial Study (as applicable) to provide substantial evidence for the CE.
SJC Bikeway Gap Proposal -NEPA -001-20150302
Mr. Joe Mankawich
March 2, 2015
Page 3 of 4
El will respond to up to one round of comments on the CE from. the City. Following the City's
approval, EI will finalize the CE for submittal to OCTA and Caltrans for review. EI will respond to
up to one round of comments on the CE from OCTA/Caltrans.
Work Products
• CE for submittal to the City
• CE for submittal to OCTA and Caltrans
TASK 4: Complete CEQA Noticing and Filing
Additional CEQA services not included in El's original scope would also be required in order to
complete the CEQA process. These services are proposed as follows:
® Upon the City's approval of the Final NOI, the City's website link for the location of the
IS/MND on the City's website, and the desired date for the start of the 30 -day public
review period, El's Project Manager will finalize the CEQA notices and the Summary
Forum and sub►nit 15 copies of it along with 15 electronic copies of the IS/MND to the City
to submit to the State Clearinghouse.
• EI will mail a copy of the NOI and an electronic copy of the IS/MND to the 24 agencies
and parties recommended by EI — as confirmed by the City.
• EI will provide a copy of the NOI to up to 10 additional interested individuals (as identified
by the City).
® EI will support the City with responses to up to 30 public/agency comments received on the
IS/MND. "These responses will be included with the Final IS/MND.
Work Produ cis
0 Final NOI (49 copies)
• 39 CDs of the draft IS/MND
• One electronic copy of the Final IS/MND/ Mitigated Negative Declaration (with the Notice
of Intent)
• 15 copies of the Summary Form
TASK 5: Attend Meefi&Lss
El's Project Manager will prepare for and attend the following project related meetings:
• One (1) City Council public hearing (3 hours)
• One (1) Planning Commission public hearing (3 hours)
• Up to two (4) conference calls/meetings with City staff, OCTA, or Caltrans (I hour each)
SJC Bikeway Gap Proposal -NEPA -E101-20150302
Mr. Joe Mankawich
March 2, 2015
Schedule:
Page 4 of 4
The expected timeline for Tasks 1-5 and deliverables anticipated for the Bikeway Gap Closure Project is
provided in the following schedule.
Task
Date
TASK 1: Provide Project Management
March -June 2015
TASK 2: Prepare a Preliminary Environmental Study (PES)
..__....... .
Submittal to City by: March 25, 2015
TASK 2:
Submittal to OCTA by: April 2, 2015
$3,960.00
Submittal to Caltrans by: April 16, 2015
TASK 3: Prepare a Categorical Exclusion
Submittal to City by: April 2, 2015
TASK 4:
Submittal to OCTA by: April 29, 2015
$2,435.00
Submittal to Caltrans by: May 6, 2015
TASK 4: Complete CEQA Noticing and )�+ile"tt
if g
March -.Bane 2015
TASK. 5: Attend Meetings
TBD
COST ESTIMATE AND FEE SCHEDULE
El will conduct the above-described Scope of Work on a tune -and -materials basis not -to -exceed
$12,675.00. The approximate breakdown of costs by task is listed below. -A copy of El's cost spreadsheet
is attached to this proposal,
2015 COSI" ESTIMATE
TASK
DESCRIP'T'ION
COST
'ASK 1:
Provide Prgject Mann ement
$660.00
TASK 2:
Prepare a Preliminary Environmental Study (PES)
$3,960.00
TASK 3:
Prepare a Categorical Exclusion.$2,970.00
TASK 4:
Cam Iete CEQA NoticinE and Filing"
$2,435.00
TASK 5:
Attend Meetin s
$1,650.00
-Print ing/ Production
$1,000.00
TOTAL .
$.12,675.00
Sincerely,
ENVIRONMENTAL INTELLIGENCE, LLC
Eirnon Raoof Smith
Senior Project Manager
' The City will be responsible for paying all regoired CEQA/NEPA filing fees and posting costs,
SJC Bikeway Gap Proposal—NEPA EI01_20150302
Environmental Intelligence
Client: Cit of San Juan Ca istrano Date: 2/25/2015 (Rev. 3/2/2015)
Project: Bikeway Gap Closure Doc: NEPA
Duration: 4 Months
Description Title
Billing Rate
Project Duration
Extended Amount
Hours
Task I -
Project Management
roect.Mana er
1
4
� Yi
Task 2 -
Prepare a Preliminary Environmental Study (PES)
Senior CIS Technician
$
125,00
Documentation
3 .
95.00
$
Environmental 5 eclal.ist
S.
125.00
$
Project Manager
165.00
2S
670
Task 2 - Svb Ttst�l
�:
3,00'
Task 3 -
Prepare a Categorical Exclusion
Environmental S eciaiist
5
125b
Project Manager
165.0
1
,970.00
Task 3'. .Sub Totals
Task 4 .
Complete CEQA Noticing and Filing
Senior GIS Technician
S
125.00
7 ....
S
125.00
Documentation
S
95.00
$
Environmentai Specialist
$
125.00
S
Project Manager
165,001
14
Task 4 • See 8e(ow.,
$:=
2,435 Ci
Task 5 -
Attend Meetings
Environmental S ecialist
S
1 25,40
S
Pro ect Manager
165,00
10 1
S
1.650;00
uses
176 Also - >UU total:'' 1, t7ti 47`
Total Contract: S 12.675.00:1