HomeMy WebLinkAboutC-5079 - PSA for Environmental Analysis Related to the Earl's Landing Mixed Use ProjectPROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR ENVIRONMENTAL ANALYSIS RELATED TO THE
�(l EARL'S LANDING MIXED USE PROJECT
I THIS AGREEMENT FOR PROFESy�rONAL SERVICES ( "Agreement ") is made
and entered into as of this 001 day of €e'b�jAl' , 2012 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and KEETON
KREITZER CONSULTING, a sole proprietorship ( "Consultant "), whose address is 180
South Prospect Avenue, Suite 140A, Tustin, California 92780 and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is considering an application for a Mixed Use Project at Earl's Landing.
C. City desires to engage Consultant to prepare an Initial Study / Mitigated Negative
Declaration in accordance with the California Environmental Quality Act
( "C E QA ") ( "Project ") .
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be Keeton
Kreitzer.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on August 30, 2013 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay. The Project Administrator shall review
all such requests and may grant reasonable time extensions for unforeseeable delays
that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Fifty -Five
Thousand Four Hundred Thirty -Six Dollars and 50/100 ($55,436.50) without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
4.3.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
KEETON KREITZER CONSULTING Page 2
4.3.2 Approved reproduction charges.
4.3.3 Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the performance of this
Agreement.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Scope of Services as set forth in Exhibit A.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Keeton Kreitzer to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
This Agreement will be administered by the Community Development Department.
Janet Johnson Brown, Associate Planner or her designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
7.1.2 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
KEETON KREITZER CONSULTING . Page 3
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
KEETON KREITZER CONSULTING Page 4
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
KEETON KREITZER CONSULTING Page 5
14.2.1 Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subconsultants. The cost of such
insurance shall be included in Consultant's proposal.
14.3 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage.. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subconsultant's employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements.
KEETON KREITZER CONSULTING Page 6
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements 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.
14.8.1.2 Enforcement of Contract Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or. to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
KEETON KREITZER CONSULTING Page 7
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
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17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Excel or portable document format (.pdf).
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
KEETON KREITZER CONSULTING Page 9
performed under this Agreement, and (2) prohibits. such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn: Janet Johnson Brown
Community Development Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3236
Fax: 949 - 644 -3229
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attention: Keeton Kreitzer
KEETON KREITZER CONSULTING
P.O. Box 3905
Tustin, CA 92781 -3905
Phone: 714 - 665 -8509
Fax: 714 - 665 -8539
27. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in this Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
KEETON KREITZER CONSULTING Page 10
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
parry may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Consultant. In the event of termination under
this Section, City shall pay Consultant for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Consultant has not been
previously paid. On the effective date of termination, Consultant shall deliver to City all
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Compliance With all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.6 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
KEETON KREITZER CONSULTING Page 11
29.7 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.8 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
29.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
29.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
KEETON KREITZER CONSULTING Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT- TORNEY'8 OFFICE
Aaron C. Harp
City Attorney
ATTEST:
Date: 9-3-12-
By:. 4VV1, W
Leilani I. Brdwn
City Clerk 10.1"P,\
Attachments
document212.14.11
CITY OF NEWPORT BEACH,
A Californi mu cipa
il corporation
Date: ! 7 / % —
By: %C %%ILevkOV.�
Kimberly Brandt, A�ICP
Community DeveQment Director
CONSULTANT: KEETON KREITZER DBA
KEETON KREITZER CONSULTING, a sole
proprietorship
Date: 'J • 5 • IY
i
[END OF SIGNATURES]
Exhibit A – Scope of Services
KEETON KREITZER CONSULTING Page 13
Keeton Kreitzer Consulting
180 South Prospect Avenue, Suite 140A
Tustin, CA 92780
November 21, 2011
Mr. Jaime Murillo, Associate Planner
City of Newport Beach
Community Development Department
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
SUBJECT: Earl's Landing Mixed Use Project, Newport Beach, CA
Proposal for Environmental Consulting Services
Dear Mr. Murillo:
I am pleased to present you with this proposal for environmental consulting services,
specifically to prepare an Initial Study /Mitigated Negative Declaration (IS /MND) for the Earl's
Landing Mixed Use Project, in response to the City's Request for Proposal (RFP) dated
November 2, 2011. As indicated in that RFP, the applicant is requesting several discretionary
actions, including a General Plan Amendment, Zone Change, Tentative Tract Map, Planned
Development Permit, Conditional Use Permits, and Comprehensive Sign Program in order to
develop the subject property with a 24,584 square foot mixed use structure, construct a 950
square foot office addition to an existing building, construct a 3 level parking structure, and
implement related improvements to the existing bulkhead and dock area.
The scope of work presented in this attached proposal is based on my understanding of the
proposed project provided by the City for the project as well as my understanding of the City's
environmental review process. As you will see, I have provided you with a comprehensive
scope of work that encompasses all aspects of the work program necessary to complete the
environmental review process, including the preparation of several technical studies. The tasks
identified in the scope of work address project management, environmental analysis,
coordination with appropriate public agencies, attendance at public hearings, and preparation of
legal notices.
Thank you for the providing me with the opportunity to submit this proposal for environmental
consulting services that must be completed in order to carry out the Earl's Landing Mixed Use
Project. I am looking forward to hearing from you and, if necessary, meeting with you to
discuss the proposed project and scope of work presented in my proposal.
180 South Prospect Avenue, Suite 140A, Tustin, CA 92780 - Mailing Address: A O. Box 3905, Tustin, CA 92 781 -39 05
Tel: (714) 665 -8509 - Fax: (714) 665 -8539
Mr. Jaime Murillo, Associate Planner
City of Newport Beach
November 21, 2011
Page Two
If you have any questions as you review the proposal, please don't hesitate to call me to
discuss this project with you should you require additional information on the attached proposal
for environmental consulting services.
Very sincerely,
KEETON KREITZER CONSULTING
Keeton K. Kreitzer
Principal
KKK:rjr
Enclosure
180 South Prospect Avenue, Suite 140A, Tustin, CA 92780 - Mailing Address: A O. Box 3905, Tustlry CA 92781 -3905
Tel: (714) 665 -8509 - Fax: (714) 665 -8539
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT - NEWPORT BEACH, CA
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT
NEWPORT BEACH, CA
SCOPE OF SERVICES
INTRODUCTION
In response to the Request for Proposal (RFP) dated November 2, 2011, Keeton Kreitzer Consulting
(KKC) has developed a work program that not only includes a comprehensive scope of work but also
responds 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 Newport Beach adopted
CEQA procedures. The scope of work identified in this work program responds not only to the RFP but
also City's desire to conduct a preliminary environmental analysis in the form of an initial study (IS) in
order to determine if adequate mitigation measures can be provided to reduce project - related impacts to a
less than significant level in order to prepare a Mitigated Negative Declaration (MND).
The environmental analysis will evaluate the potential effects of the following project components
identified in the RFP:
Demolition of the existing building at 2751 West Coast Highway and the construction of a
new mixed -use building encompassing 24,584 square feet to accommodate a restaurant
(Billy's Restaurant) on the ground flood and six (6) residential dwelling units on the
second and third floors.
Construction of a 950 square foot office addition to the existing 22,660 square foot
structure located at 2801 West Coast Highway.
Construction of a 3 -story parking structure that has 142 parking spaces.
Replacement of the existing bulkhead and new piles to support a new pedestrian walkway
that is proposed to extend over the water.
Modification of the dock area
Redesign of the outdoor dining area of the existing Chart House
Implementation of the proposed project will necessitate several discretionary approvals by the City, which
will also be the subject of the environmental analysis. These discretional approvals include:
General Plan Amendment
Zoning Code Amendment
Tentative Tract Map
Planned Development Permit
Conditional Use Permits
Comprehensive Sign Program
Proposal for Environmental Consulting Services
Earl's Landing Mixed Use Project - Newport Beach, CA
November 21, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT - NEWPORT BEACH, CA
WORK PROGRAM
The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in
this proposal related to the preparation of the initial study includes: (1) the provision of competent,
effective environmental analysis project management; (2) review of technical studies provided by the
project applicant; (3) preparation of additional technical studies, (4) preparation of the environmental
documentation (i.e., initial study /mitigated negative declaration); (5) processing of the environmental
documentation and public participation; (6) preparation of the final environmental document; and (7)
preparation of CEQA notices. These objectives will be achieved through the completion of several work
tasks. Each of these work tasks has been identified and described below.
As indicated above, the scope of work reflects the level of effort necessary to prepare a thorough
environmental analysis that is necessary to adequately evaluate the potential project - related effects and,
where necessary, to identify mitigation measures that would effectively reduce the impacts to a less than
significant level in order to prepare a Mitigated Negative Declaration. However, if one or more potentially
significant adverse impacts cannot be adequately mitigated following completion of the analysis and
application of either design modifications or mitigation measures, it would not be possible to prepare the
MND and the need to undertake further environmental analysis in the form of a Draft Environmental
Impact Report (DEIR) would be identified at the conclusion of Task Three. In that event, a revised scope
of work and budget would be prepared and submitted to the City of Newport Beach.
Task One - Project Initiation /Coordination
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). 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 Newport Beach, KKC, the
applicant's consultants (if determined necessary), and project representatives deemed necessary to
provide direction in the planning and environmental review process for the proposed project. Topics of
discussion will include the definition of the project description, identification of responsible agencies and
sources of information, and the project schedule. Two subsequent meets 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 Newport Beach to ensure that City policies are incorporated into the Draft
environmental document;
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures; and
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: $4,800.00
Proposal for Environmenla/ Consulting Services
Earl's Landing Mixed Use Project - Newport Beach, CA
November 21, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT- NEWPORT BEACH, CA
Task Two — Sub - Consultant Studies
Three technical studies will be prepared to support the analysis presented in the initial study, including: (1)
air quality/greenhouse gas (GHG) impact analysis; (2) noise impact analysis; and (3) marine resources
assessment. A team of technical consultants has been assembled to address the air quality, noise, and
cultural resources issues, including:
Air Quality /GHG Analysis Giroux & Associates
Noise Analysis Giroux & Associates
Marine Resources Assessment Coastal Resources Management, Inc.
Scopes and budgets for the Air Quality/GHG Analysis, Noise Analysis, and Marine Resources
Assessment have been prepared and are included with this proposal as attachments. In addition,
because the project will require an amendment to the Newport Beach General Plan, SB 18 consultation is
required. Because the project site is developed and would not be expected to impact any historic, cultural,
or archaeological resources, KKC does not believe that a walkover survey is necessary; however, KKC will
conduct a cultural resources records search through the South Central Coastal Information Center at
California State University Fullerton, the regional clearinghouse, in order to facilitate the consultation
process. The findings and recommendations of the records survey, which will be incorporated into the
environmental analysis, would also be utilized by the City to facilitate the SB 18 Native American
consultation process.
As indicated in the RFP, the proposed project is not subject to the City's Traffic Phasing Ordinance
because the project is not projected to exceed the City's threshold of 300 new daily vehicle trips. As a
result, a traffic study is not required. The analysis of traffic and circulation related to the proposed project
will be developed based on information provided by the City of Newport Beach Public Works Department
(Transportation and Development Services Division).
Estimate Time Frame: 6 Weeks
Estimated Budget: $17,945.00
($ 2,150.00 —Air Quality/GHG Analysis)
($ 3,500.00 — Noise Assessment)
($11,545.00 — Marine Resources Assessment)
($ 750.00 — Cultural Resources Records Search)
Other technical studies will also be required in order to ensure that each of the respective environmental
issues are adequately addressed in the environmental analysis prepared for the proposed Earl's Landing
Mixed Use Project. These additional technical studies include: (1) hydrology analysis/Water Quality
Management Plan (WQMP); (2) visual /aesthetic impact analysis (using digitized photo - simulation
techniques); (3) soils and geotechnical report; (4) lighting /illumination plan; and (5) Phase I and /or Phase
II Environmental Site Assessment (ESA). The applicant or applicant's representative shall submit these
studies to KKC for incorporation into the environmental analysis for the Earl's Landing Mixed Use project.
Task Three — Preparation of the Preliminary Draft Initial Study
KKC will be responsible for the preparation of the initial study for the proposed Earl's Landing Mixed Use
Project. Based on a review of the State CEQA Guidelines, the proposed project is neither statutorily nor
categorically exempt. Therefore, it would be subject to CEQA review. In order to qualify for a (Mitigated)
Proposal for Environmental Consulting Services
Earl's Landing Mixed Use Project - Newport Beach, CA
November 21, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT- NEWPORT BEACH, CA
Negative Declaration, the initial study must necessarily be extensive and thorough. Each of the topics
identified on the City's environmental assessment form will be thoroughly analyzed to document the nature
and extent of any potential environmental consequences (and the need for mitigation). The analysis will
require both primary and secondary research, including the incorporation of the findings and
recommendations presented in the technical studies (refer to Task Two) prepared for the proposed
project. In addition, the initial study will also include an analysis that identifies potential
conflicts /consistency with the relevant policies in the Newport Beach General Plan. Because the project is
located within the coastal zone of the City, a similar consistency analysis will also be prepared that
addresses relevant policies in the Newport Beach Coastal Land Use Plan (CLUP). The specific purpose
of the analysis contained in the initial study will be to document the potentially adverse environmental
impacts associated with the proposed office project and identify potential mitigation measures that would
assure that no significant impacts will occur as a result of project implementation.
As reflected above and in the work program, KKC has presented a scope of work for the preparation of an
Initial Study (IS), which leads to a determination that the project qualifies either for a Mitigated Negative
Declaration (MND). When completed, the proposed IS will be submitted to the City of Newport Beach for
review and comment. However, as previously indicated, should adequate mitigation not be possible to
reduced one or more potentially significant project - related impacts to a less than significant level, it will not
be possible to proceed with the preparation of the MND.
Therefore, if the Initial Study determines that potentially significant impacts to cannot be reduced to a less
than significant level either through the redesign of the proposed project or through the implementation of
mitigation measures, the IS will conclude that further environmental review and analysis, through the
preparation of a focused Draft EIR, will be required. Neither the scope nor budget presented in this work
program reflects the effort necessary to prepare the Draft EIR. Should the city determine the project
requires a Focused Draft EIR, work under this proposal would cease and KKC would prepare and submit
a proposal to the City for the preparation of a Draft EIR.
Estimated Time Frame: 8 Weeks
Estimated Budget: $19,240.00
Task Four — Preparation of the Draft Initial Study
KKC will revise the initial study based on the comments made by City staff. If the analysis conducted for
the proposed project concludes that the potentially significant adverse impacts can be mitigated, KKC will
prepare the Draft IS /MND for distribution and public comment. Once completed, the Draft initial study
document will be distributed for a 30-day public review and comment period as required by the State
CEQA Guidelines for local project. KKC will prepare and mail the Notice of Intent to Adopt an MND to
adjoining property owners using the property owner mailing list to be provided by the City. KKC will also
be responsible for distributing the document to the list of recipients provided by the City, preparing the
Notice of Completion (NOC), and mailing the required number of copies to the State Clearinghouse (SCH)
for review. KKC will also be responsible for posting the Notice of Intent to Prepare a Negative Declaration
both at the Orange County Clerk- Recorder's Office and at the City of Newport Beach. Should the Initial
Study conclude that the project would have no effect on wildlife resources as provided by Section 711.4(d)
of the California Fish & Game Code, KKC shall also prepare and submit the required "No Effect" form to
the appropriate office of the California Department of Fish & Game.
Estimated Time Frame: 1 Week
Estimated Budget: $2,620.00
Proposal for Environmental Consulting Services
Earl's Landing Mixed Use Project - Newport Beach, CA
November 21, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT - NEWPORT BEACH, CA
Task Five — Preoaration of the Final Mitigated Negative Declaration
KKC, in cooperation with the Newport Beach Planning Department staff, will prepare written responses to
all CEQA- related comments received during the public review and comment period. These responses will
be submitted to the City of Newport Beach for review prior to completion of the Final Negative Declaration.
It is important to note that the budget identified below reflects a limited amount of effort necessary to
respond to public comments. In addition, KKC will also prepare the Mitigation Monitoring and Reporting
Program (MMRP), which will be submitted to the City for review and comment. KKC will address the
comments on both the responses to public comments and the MMRP and will revise each, if necessary, in
order to prepare the Final MIND and MMRP.
It is important to note that the budget for this task may be revised if, after a thorough review of all
comments received on the Draft Negative Declaration, KKC determines that additional time and effort will
be necessary to respond to all of the comments received on that document.
Estimated Time Frame: 1 Week
Estimated Budget: $4,320.00
Task Six — Public Hearings
If requested by the City, KKC will attend two public hearings, including one (1) public hearing before the
Newport Beach Planning Commission and one (1) public hearing before the Newport Beach City Council.
The Principal /Project Manager will attend the public hearing and will be responsible 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.
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Task Seven - Preparation of the Notice of Determination and CDFG "No Effect" Determination
As previously indicated, KKC will be responsible for preparing both the Notice of Determination that must
be filed in the office of the Orange County Clerk- Recorder and with the State Clearinghouse and the
CDFG "Filing Fee No Effect Determination Form' if it is determined that project implementation will not
have a significant effect on biological resources. Once completed, these forms will be submitted to the
City for review. These forms, along with the NOD filing fee of $50.00, will be filed with the Orange County
Clerk- Recorder. However, should the CDFG conclude that a determination of "no effect" cannot be made,
the CDFG filing fee of $2,044.00 for a mitigated negative declaration must also be paid at the time the
NOD is filed with the County Clerk- Recorder. As indicated in the RFP, the County's NOD filing fee and
the CDFG filing fee are reflected in the estimated budget for miscellaneous expenses. KKC will file the
NOD, along with paying the requisite filing fees.
Estimated Time Frame: 1 Day
Estimated Budget: $160.00
Proposal for Environmental Consulting Services
Earl's Landing Mixed Use Project - Newport Beach, CA
November 21, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT - NEWPORT BEACH, CA
III. 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. The project schedule, which
reflects an 8 -week preparation period (including the preparation of technical studies) once the
authorization to proceed is provided by the City of Newport Beach, is presented below.
Project Schedule
Earl's Landing Mixed Use Project
Newport Beach, CA
Task
I Description
Estimated Time
1
Project Initiation /Coordination
As Required
2
Sub - Consultant Studies
6 Weeks
3
Preliminary Initial Study
8 Weeks
City Review
1 Week
4
Draft Initial Study
1 Week
Public Review and Comment
4 Weeks
5
Final Mitigated Negative Declaration
1 Week
6
Public Hearings
As Required
7-7-7—Firing
of Legal Notices
1 Da
IV. ESTIMATED BUDGET
The scope of services and work described in Section I will be undertaken and completed for a not -to-
exceed fee of $55,436.50. 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 two (2) public hearings associated with the Initial Study/
Mitigated Negative Declaration. A budget summary is presented below.
Proposal for Environmental Consulting services
Earl's Landing Mixed Use Project - Newport Beach, CA
November2l, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT- NEWPORT BEACH, CA
Budget Summary
Earl's Landing Mixed Use Project
Newport Beach, CA
Title I
Man -Hours I
Billing Rate
Estimated Budget
Task One - Project Initiation /Coordination
Principal 32 1 $150.00 /Hour $ 4,800.00
Task Two — Sub - Consultant Studies
Air Quality/GHG Analysis
$ 2,150.00
Noise Analysis
$ 3,500.00
Marine Resources Assessment
$11,545.00
Cultural Resources Records Search
$ 750.00
Sub -Total
$17,945.00
Task Three — Prelimina Initial Stud
Principal
20
$150.00 /Hour
$ 3,000.00
Report Preparation
96
$115.00 /Hour
$11,040.00
Research and Analysis
40
$ 90.00 /Hour
$ 3,600.00
Graphics
16
$ 60.00 /Hour
$ 960.00
Word Processing
16
$ 40.00 /Hour
$ 640.00
Sub -Total
168
$19,240.00
Task Four - Draft Initial Study/ e ative Declaration
Report Preparation
20
$115.00 /Hour
$ 2,300.00
Word Processing
8
$40.00 /Hour
$ 320.00
Sub -Total
28
$ 2,620.00
Task Five — Final Initial Study/ e ative Declaration
Report Preparation
32
$115.00 /Hour
$ 3,680.00
Word Processing
16
$ 40.00IHour
$ 640.00
Sub -Total
48
$ 4,320.00
Task Six - Public Hearings
Principal 1 8 1 $150.00 /Hour $ 1,200.00
Task Seven - Legal Notices /Notice of Determination
Word Processing
4
$ 40.00 /Hour
$ 160.00
Sub -Total
1
$ 160.00
Proposal for Environmental Consulting Services
Earl's Landing Mixed Use Project - Newport Beach, CA
November 21, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT- NEWPORT BEACH, CA
Title
I Man -Hours
Billing Rate
Estimated Budget
Printing and Re roduction
Printing /Reproduction /Supplies
$ 2,500.00
Postage
$ 500.00
NOD Filing Fee
$ 50.00
CDFG Filing Fee
$ 2,101.50
Sub -Total
$ 5,151.502
TOTAL ESTIMATED BUDGET
288
$55,436.50
'Includes attendance at two (2) public hearings. Attendance at additional hearings are not
included and would be billed on a time - and - materials basis at $150.00 /hour.
2Includes printing of fifty (50) copies of the IS /MND for submittal to the City of Newport Beach
and postage (via certified mail /return receipt) and delivery expenses to distribute IS /MND to
responsible agencies, and supplies.
V. BILLING AND PAYMENT
All charges shall be in accordance with the Budget Summary presented in Section IV of this proposal.
Invoices shall be submitted to the City of Newport Beach on a monthly basis, which clearly describe the
specific services and tasks performed during the billing period.
VI. PROJECT MANAGEMENT AND PERSONNEL
Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of
work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 25 years of
environmental planning experience and has served as project manager for several similar projects. He
has been personally responsible for the preparation of over 100 environmental documents required
pursuant to the California Environmental Quality Act and has also prepared environmental studies
mandated under the National Environmental Policy Act. He has recently reestablished his own
environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector
clients with high level, personalized environmental consulting services, including the preparation of
environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of
several environmental documents in Orange and Los Angeles Counties. Mr. Kreitzer's resume has been
included with this scope of work.
VII. RESPONSIBILITY OF THE APPLICANT AND /OR CITY OF NEWPORT BEACH
The following information shall be provided to KKC by the project applicant and /or the City of Newport
Beach in order to complete the analysis described in this proposal.
Proposal for Environmental Consulting Services
Earl's Landing Mixed Use Project - Newport Beach, CA
November 21, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
EARL'S LANDING MIXED USE PROJECT - NEWPORT BEACH, CA
1. A complete description of the proposed Earl's Landing Mixed Use project.
2. Exhibits illustrating the existing site development.
3. Site Plan and Engineering Plans and Specifications (as determined necessary by the City
of Newport Beach) and Lighting /Illumination Plan.
4. All environmental documents prepared for the proposed project, including but not limited
to: Phase I and II Assessments, hydrology and water quality assessments, WQMP, soils
and geology, lighting /illumination plan, visual simulations, etc., as reflected in Task Two.
5. Existing topographic map and aerial photograph (if available).
6. All other pertinent information related to the proposed project.
KKC is prepared to begin work on this project immediately upon execution of the contract. You may be
assured that should we be selected to provide the environmental services described in this proposal, we
shall devote our full resources to the project and will approach it with the highest degree of enthusiasm,
objectivity, and professionalism.
KKC will perform all work described in this proposal for a budget of $55,436.50. This offer is valid for a
period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions
made on the scope of the project. Should the scope change significantly, necessitating a change to the
work program, we will contact you immediately and amend both the scope of services and budget
accordingly.
Offer Presented By
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
Date: November 21, 2011
Proposal for Environmental Consulting Services
Earl's Landing Mixed Use Project - Newport Beach, CA
November 21, 2011
P�� . !r
V� �n
November 150', 2011
Keeton Kreitzer Consulting
17291 Irvine Blvd
Tustin, CA 92780
Re: Technical Proposal for the Earl's Landing Mixed Use Development, Mariner's
Mile, Newport Beach, CA. Marine Resources Technical Appendix
Dear Mr. Kreitzer:
Please find enclosed Coastal Resources Management, Inc.'s (CRM) Scope of Work for
Earl's Landing Marine Resources Studies. The total estimated cost for the project is
$11,545.00. 1 am providing you with (1) a summary of issues for both water quality and
Newport Bay biology (2) a Scope of Work, (3) a cost estimate (4) project experience, and
(5) resumes.
The Scope of Work and associated cost assumes that all project - related maps, design
information, stormwater management plans, and other relevant information for the
project will be provided to CRM. Costs outside the scope of this proposal will be
charged on a time and materials basis with the written consent of Keeton Kreitzer
Consulting. CRM will need to have other subconsultants' reports to review (i.e.,
hydrology, stormwater management plans, and project/architectural information) prior to
initiating the impact assessment section of Task 2.
Please give me a call if you have any questions.
Sincerely,
COASTAL RESOURCES MANAGEMENT
/ ' A
1� (�'JCIA_6
Rick Ware
Principal /Marine Biologist
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA 92625
Office (949) 412- 9446; Fax (949) 675 -2970; email rware.crm @earthlink.net
COASTAL RESOURCES MANAGEMENT
SCOPE OF WORK
EARL'S LANDING MIXED -USE DEVELOPMENT PROJECT
Coastal Resources Management (CRM) proposes provide a marine biological impact
assessment technical appendix for the proposed Earl's Landing Mixed -Use Development
Project in Newport Beach, California. The City of Newport Beach is seeking proposals
for the preparation of environmental documentation for the proposed Earl's Landing
Mixed -Use Project. The applicant is requesting to develop a 47,208 square -foot mixed -
use project and three -level parking structure located at 2801 & 2751 West Coast
Highway As part of the project, some water -side construction will occur, including
replacing the existing bulkhead and new piles to support a new pedestrian walkway that
is proposed to extend over the water, and modifying the existing dock area adjacent to
Newport Harbor.
The purpose of the marine resources technical appendix is to evaluate the potential short-
and -long term effects of the project development on the marine life and marine habitats
of Newport Bay. This study will provide information required for the submittal of
Mitigated Negative Declaration for the City of Newport Beach, CA.
Issue areas will be addressed in the Impact Assessment:
Existing marine habitats and biological communities within or nearby the
project area;
Sensitive, rare, threatened, or endangered species within or nearby the project
area;
Effects of additional pollutants due to increased runoff caused by the project;
Potential changes in biological productivity created by the new water -wide
structures, wet weather and dry weather runoff, or a decrease in light entering
the water due to shadowing effects of new structures, and
• Construction/operational effects of new structures (docks and gangways) on
the marine environment
The following Scope of Work (SOW) identifies the tasks to be completed:
Task 1: Conduct a marine biological field survey. CRM will conduct an in -water
field survey at the proposed development site. This survey will be conducted to gain an
understanding of the existing site conditions, the locations of existing storm drains, and
the general types of marine flora and fauna living within the project area. Photographs of
the project site will be taken and included in the project report. Underwater video will
also be taken. An underwater survey will be conducted to document the presence or
absence of eelgrass (Zosiera marina), which is an important invertebrate and fish nursery
habitat in Newport Harbor, and a reconnaissance level survey to determine if the invasive
algae (Caulerpa taxifolia) is present at the project site.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email iware.cnn @earthlink.net
0. 3
Task 2: Prepare a Draft Marine Biological Resources Technical Appendix.
CRM will conduct a review of available marine biological information for the local
area to be used as background and historical information. Based upon the results of
the marine biological survey at the project site, the available data base of historical
information, and project design plans, stormwater runoff plans, and other project
documents. CRM will analyze potential project impacts on the marine biological
resources of the project area and the surrounding marine environment. Shore based
construction activities that could locally degrade water quality through an increase in
water turbidity, trash and debris, during runoff events or during dry weather from
storm drain flow into Newport Bay.
I. Water quality impacts associated with the modification of boat docks in front of
the proposed development. These impacts would result from dock removal, pile
removal, and pile driving and/or hydro jetting dock support pilings into the
seafloor. Impacts could potentially include a local increase in water turbidity and
resuspension of sediment contaminants.
2. Potential effects of long -term water impacts associated with runoff from the
development into Newport Bay on marine biological resources. These impacts
would be associated with wet weather and dry weather runoff events.
3. Potential environmental impacts of the project on marine resources (marine
plants, invertebrates, fishes, marine mammals, seabirds, federally and state - listed
marine- associated species, sensitive habitats will be evaluated. Where significant
impacts have been identified, mitigation measures to reduce the level of impact to
less- than- significant will be provided.
4. Potential impacts associated with lighting and glare, including shadows cast by
new construction that could affect marine resources in the bay will be evaluated.
If necessary, mitigation measures will be recommended to reduce potentially
significant impacts to a less - than- significant level.
Task 3: Respond to Comments on the Administrative Draft Mitigated Negative
Declaration Marine Resources Technical Appendix. CRM will respond to comments
on the Admin Draft Mitigated Negative Declaration and submit one digital copy of a
Public Draft MND Marine Resources Technical Appendix to Keeton Kreitzer Consulting.
A total of eight hours of comment and review time is budgeted for responses to
comments.
Task 4: Respond to Comments on the Public Draft MND and Preparation of a
Final Marine Resources Technical Appendix. CRM will respond to public and agency
comments on the public Draft MND Marine Resources Technical Appendix and will
prepare a Final Marine Resources Technical Appendix. Since there is an unknown level
of detail involved in completing Task 4, CR-M will charge Keeton Kreitzer Consulting for
this task on a time - and - materials basis and will provide a cost proposal to conduct the
work once the comments have been received by the client.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crmea earthlink.net
M4
Task 5: Project Management. Mr. Rick Ware will be the Project Manager and
Principal Investigator for the project and will be the project contact. Mr. Ware will
attend up to two (2) project meetings. More than two project meetings will be charged to
the client on a time and materials basis.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
W 5
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COASTAL RESOURCES MANAGEMENT, INC.
PROPOSAL FOR THE CITY OF NEWPORT BEACH EARL'S LANDING MIXED -USE PROJECT
HOURS RATE AMOUNT TOTAL
LABOR
Task 1 Marine Biological Field Survey
Senior Marine Biologist 6 $140 $840.00
Word Processor 6 $55 $330.00
TASK TOTAL 12 $1,170.00
Task 2 Marine Biological Environmental Assessment for the MND, Eelgrass Report, Invasive Algae
Report
Senior Marine Biologist
50
$140
$7,000.00
Word Processor
6
$55
$330.00
TASK TOTAL
56
$7,330.00
Task 3 Response to In -house and City Comments
(max of 8 hours)
Senior Marine Biologist
8
$140
$1,120.00
Word Processor
0
$55
$0.00
TASK TOTAL
8
$1,120.00
Task 4 Final Technical Appendix /Response To Public Comments (time and materials)
Task 5 Project Management (2 meetings) plus client interactions
Senior Marine Biologist 8 $140 $1,120.00
Word Processor 3 $55 $165.00
TASK TOTAL 11 $1,285.00
TOTAL LABOR 75
DIRECT
CHARGES
Graphics
Survey Vessel Rental
Mileage (60 mi @ $0.5 /mi)
Report Copy Reproduction (in- house)
Dive Equip (1 day, 2 sets @ $60 /set)
Dive Tank Rental /Fills (4 @ $15 /tank)
Delivery, Fax, Copy
Telephone /Communications
TOTAL DIRECT COSTS
TOTAL ESTIMATED COSTS
(Task 4 on a time and materials
basis)
$100.00
$150.00
$100.00
$100.00
$110.00
$60.00
$10.00
$10.00
$10,905.00
$640.00
$11,545.00
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email iware.crm @earthlink.net
7�µ I
COASTAL RESOURCES MANAGEMENT, INC.
FEE SCHEDULE (EFFECTIVE OCTOBER 31', 2011)
LABOR
RATE PER HOUR
SENIOR MARINE BIOLOGIST
$140
MARINE BIOLOGIST III
$85
MARINE BIOLOGIST I1
$55
MARINE TECHNICIAN III
$55
MARINE TECHNICIAN 11
$45
FIELD ASSISTANT
$35
WORD PROCESSOR
$55
EQUIPMENT
RATE
Automobile mileage
$0.565 per mile
Computer charges
15.00 per hour
Facsimile
2.00 per page
SCUBA equipment (1 set; BC, dive computer, compass, mask/fins /snorkel, wetsuit/drysuit
65.00 per day
SCUBA tank rental (per fill)
$12.00 per fill per tank
Dive Insurance Surcharge
100.00 per day
Underwater photographic equipment
75.00 per day
Magellan Mobile Mapper CX Differential GPS Unit
150.00 per day
Thales Mobile Mapper Pro Differential GPS Unit
100.00 per day
OTS Underwater Communications Systems
150.00 per day
Digital Video Cameras/UW case /lights
60.00 per day
Underwater 1/8 sq. meter photo jig
15.00 per day
Video editing services
25.00 per hour
DVDNideo tape
at cost
Photocopy (in- house)
0.25 per page
Vessel -13.5 ft inflatable w/ 25 hp engine
150 per day
Vessel -22 ft Carolina Skiff (skipper not included)
$400 per day
Vessel -22 ft Carolina Skiff (skipper included)
$750/ per day
VHF portable radios
10.00 per day
Transect tapes and quadrats
10.00 per day
Diver - operated box corers (one liter capacity set of 5 each)
25.00 per day
Benthic sampling wash down screens /equipment
10.00 per day
HOBO light/temperature data loggers (50 units)
5.00 per day per unit
YSI 556 Multiprobe Water Quality Meter
100.00 per day
Refractometer
10.00 per day
Soil salinity tester
10.00 per day
LaMotte 2020we NTU turbidity meter 25.00 per day
PH and redox meter
25.00 per day
50 foot beach seine net
25.00 per day
Containers, whirl packs, etc.
at cost
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
o h
rh
7
SUBSISTENCE
Lodging/overnight
Per diem (half day)
Per diem (full day)
Note: Charges for outside rental of equipment or services will be re- billed at a cost plus 15%
handling fee. This may include, but is not limited to travel costs, sampling equipment, vessels,
aerial photographic services, reproduction, communications equipment, and outside contractors.
Invoices are due and payable upon presentation. Accounts more than 30 days past due may be
subject to interest charges at the rate of 1.5% per month on the unpaid balance.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
at cost
50.00
100.00
0
Marine Biological Impact Assessment
Marina Park Project, City of Newport Beach, CA
Project Owner and Contact Information:
The City of Newport Beach
Public Workr Department
3300 Newport Boulevard, Newport Beach, CA 92663
Contact: Mark Reader, Project Manager
(949) 981 -5260
Project Start and Completion Date: 2008 -2009
Under contract to the City of Newport Beach, CA, CRM conducted focused marine biological
surveys, prepared a project marine biological resources impact assessment technical appendix,
prepared an Essential Fish Habitat (EFH) analysis, and a
mitigation plan to compensate for potential losses of
intertidal habitat at the site of the proposed Marina Park
development on the Balboa Peninsula. The analysis
assessed the impacts of the development on marine flora
and fauna, including plants, invertebrates, fishes, marine
mammals, seabirds, and special status species (i.e.,
eelgrass and California least terns). CRM conducted the
work to determine the potential effects of the
development of a small marina, and runoff from the
project site on the marine resources of Newport Bay.
As part of the project, CRM also analyzed the potential effects of removing onsite sands and
nourishing local City of Newport Beach beaches, both on the Balboa Peninsula and in Newport
Harbor.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email iware.crm @earthlink.net
V
0
NEWPORT BAY EELGRASS GIS MAPPING PROJECT
Project Owner and Contact Information: City of Newport Beach
Chris Miller, Harbor Resources Manager
City of Newport Beach (949) 644 -3041
Project Start and Completion Date: 2003 -2011
Coastal Resources Management (CRM) is contracting with the City of Newport Beach's Harbor
Resources Division to conduct eelgrass (Zostera marina) habitat mapping surveys and provide
eelgrass ecological information for Lower Newport Bay and Upper Newport Bay as part of the
City's preparation of along -term and bay - wide
eelgrass management plan. To date, CRM has
completed two biannual surveys; 2003 -2004 and
2006 -2007. The third biannual survey has been
completed (2009 -2010) and the final report is in
progress. CRM conducted the underwater habitat
mapping using SCUBA and DGPS. CRM and
Nearshore and Wetland Surveys, Inc. are mapping
deeper -water areas of the Bay with sidescan sonar,
and ground truthing the results with remote
underwater video and diver surveys. Project reports and final eelgrass bed maps are on the City's
public website, and are used by the City of Newport Beach resource managers as part of their long-
term bay eelgrass habitat management program. These surveys have been used to map the
distribution, abundance, and long -term trends in eelgrass acreages, and the species of plants and
animals within eelgrass beds. The Bay exhibits stable, transitional, and unvegetated eelgrass zones.
Newport Bay is currently experiencing a multi -year decline in eelgrass abundance and density,
primarily within the transitional eelgrass zones. CRM is also conducting bi- weekly oceanographic
data (temperature, pH, dissolved oxygen, salinity, oxidation/reduction potential, light Illuminance
and light energy), to assist in determining the factors that are affecting eelgrass distribution and
abundance.
These studies are the first complete and comprehensive eelgrass mapping studies that also integrate
oceanographic and water quality monitoring data for Newport Bay.
Coastal Resources Management, Inc. PMB 327, 3334 C. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
10
Marine Biological Impact Assessment for a Dock Renovation Project, The Aerie
Project, Carnation Cove, Corona del Mar, CA
Project Owner and Contact Information
Advanced Real Estate Services, Inc.
23792 Rockfield Blvd. Suite 100
Lake Forest, CA 92630
Contact: Robb Cerruti
(949) 595 -5900
Project Start and Completion Dates: 2008 -2009
Coastal Resources Management, Inc. conducted
focused eelgrass and invasive algae surveys and
prepared a marine biological resources impact
assessment technical appendix for the Aerie Project
dock renovation project, located in Carnation Cove,
Corona del Mar, Ca. This information was
xv incorporated into the Aerie Project EIR. The analysis
assessed the impacts of the development on marine
^� flora and fauna, including plants, invertebrates, fishes,
per,
marine mammals, seabirds, and special status species
(i.e., eelgrass and California least terns).
As part of the analysis, CRM also prepared an
Essential Fish Habitat (EFH) analysis, a Best Management Plan to reduce potential water quality
impacts on marine resources, and a mitigation plan to protect local eelgrass bed resources in the
project area.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
RESUME
ROBERT R. WARE (RICK)
COASTAL RESOURCES MANAGEMENT, INC.
Mr. Ware is the President and Senior Marine Biologist of Coastal Resources Management, Inc. (CRM),
located in Corona del Mar, California. He has 33 years of experience conducting marine biological resource
surveys and evaluating the impacts of coastal development on marine communities along the Pacific Coast in
California and Alaska, the Western Pacific Basin, and in the Caribbean.
CRM conducts numerous types of field studies, including habitat mapping, biological sampling and analysis
for wetlands, bays, harbors, and open coastal environments; water quality sampling and analysis; CEQA and
NEPA environmental impact reports /environmental impact statements and assessments, project permitting,
mitigation planning and monitoring studies for wetlands, bays, harbors, and open coastal habitats, and
technical report preparation. Mr. Ware is certified to conduct invasive algae (Caulerpa laxifolia) surveys.
Mr. Ware has conducted a wide range of field surveys, environmental assessments, and mitigation monitoring
programs over the last 33 years. A certified diver for 40 years, Mr. Ware has performed subtidal diving
surveys, sample collection, still photography, and underwater video documentation to depths of 150 ft. He has
accumulated over 1,900 hours of dive time investigating subtidal communities of Califomia, Mexico, Alaska,
the Caribbean, and the Pacific Basin.
Education
M.A., Biology, California State University, Long Beach (1979)
B.S., Zoology, California State University, Long Beach (1976)
Professional History
Coastal Resources Management, Inc. Corona del Mar, Ca.- PrincipaVMarine Biologist
1992 - present.
Marine Resource Consultants, Inc. Santa Barbara, CA.- Associate, 1989 -1998;
EIP Associates, Pasadena, CA. - Senior Associate/Director of Resources Management -1991
Dames & Moore, Inc., Santa Ana, Ca. - Consulting Marine Biologist 1989 -1995.
Michael Brandman Associates, Inc., Santa Ana, CA. - Project Manager/Marine Ecologist
1989 -1991.
MBC Applied Environmental Sciences, Costa Mesa, CA - Marine Technician 1972; Marine
Biologist 1978 -1988.
Orange Coast College- Research Grant Coordinator 1977 -1978.
Allan Hancock Foundation, University of Southern CA. - Marine Technician and Biologist
1974 -1977.
Professional Affiliations
Certified SCUBA Diver (NAUI, 1970).
CPR/First Aid Certified /Oxygen Training Certified
National Marine Fisheries Service Certified Caulerpa laxifolia surveyor
• Southern California Academy of Sciences
American Academy of Underwater Sciences, Scientific Diver
Teaching Credentials
State of California Community Colleges, Natural Sciences.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.crm @earthlink.net
12
Relevant Wetland, Bay, and Harbor Studies
• Principal Investigator, Marine Biological Resources. Alamitos Bay Marina Revitalization
Project (2007 - present). Under contract to LSA Associates and the City of Long Beach,
California. Project components include marine biological surveys, eelgrass habitat
mapping, preparation technical appendices for the project's Mitigated Negative Declaration
and EIR. 2007 - present.
Principal Investigator. Newport Bay Eelgrass Habitat GIS Mapping Project. 2003 - Present.
Responsible for mapping Newport Bay's eelgrass beds every two years for the City's
Harbor Resources Department. Bay -wide maps completed for 2003 -2004 and 2006 -2007.
2009 -2010 surveys in progress.
Principal Investigator. Newport Bay Oceanographic Studies 2008 -2010 under contract to
the City of Newport Beach. Oceanographic data collection, analysis, and synthesis (temp,
salinity, dissolved oxygen, pH, turbidity, salinity, PAR (photosynthetically Active
Radiation throughout Newport Bay at 17 stations.
• Principal Investigation. Newport Harbor Area Management Plan (2007- 2009). Prepared
eelgrass management plan section of the Newport Bay Harbor Area Management Plan
(RAMP) for Weston Solutions, Inc.
Principal Investigator. County of Orange Wintersberg Channel Eelgrass and Invasive
Algae Surveys (2009). CRM conducted focused marine biological surveys to determine
the presence /absence of both eelgrass and invasive algae with the Wintersberg Channel
Portion of the Bolsa Chica Marsh in March 2009 for Bon Terra Consulting. The area
surveyed included 231,260 sq ft (8.92 acres) of open water habitat. Neither eelgrass or
invasive algae was found in the project area.
• Principal Investigator, Marine Biological Resources. Dana Point Harbor Revitalization
Studies, under contract to LSA Associates and URS. Marine Biological Investigations and
Technical Appendices for Project EIR. 2006 -2007
• Principal Investigator for a marine biological impact assessment for a proposed hotel,
condominium complex, and 294 slip marina in Marina del Rey, California (Neptune
Marina) for Legacy Partners, Inc. 2006 -2007
• Principal Investigator - Eelgrass habitat mapping, mitigation planning, and conduct of
eelgrass transplants for the Irvine Company's Balboa Marina Project. 2006 - present.
• Principal investigator, eelgrass and invasive algae surveys at 22 sites in Marina del Rey for
the County of Los Angeles Marina del Rey Seawall Repair Project (2006- 2007).
• Principal Investigator, eelgrass and invasive algae surveys and marine biological
assessment for the Cal Trans Anaheim Bay Bridge Retrofit Project for BonTerra Consulting
(2006).
• Principal Investigator for over 100 eelgrass mitigation planning, eelgrass habitat mapping
projects and eelgrass transplant projects in Morro Bay, Los Angeles Harbor, Alamitos Bay,
Outer Anaheim Bay, Sunset Bay, Huntington Harbour, Newport Bay, and San Diego Bay.
1981 -2006
• Principal Investigator, Senior Marine Biologist for Termino Avenue Storm Drain/Alamitos
Bay eelgrass habitat mapping and geotechnical studies under contract to EDAW, Inc and
the County of Los Angeles, 2005.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.cnn @earthlink.net
0 13
Field Biologist/ Consultant to Chamber's Group, Inc., Consultant for the Army Corps of
Engineers, Morro Bay GIS Kelp and Eelgrass Mapping Survey. Morro Bay, CA
Conducted GIS mapping surveys for Chambers Group. 2004.
• Principal Investigator, Senior Biologist. California Department of Fish and Game
Shellmaker Island Back Bay Estuarine Studies Center Biological Assessment and Marsh
Demonstration Project, Upper Newport Bay, CA 2003 - present. Design, construction, and
monitoring of the Back Bay Science Center Demonstration Marsh.
Principal Investigator /Senior Biologist (Marine Biology) for the Big Canyon Restoration
Project, City of Newport Beach and the California Coastal Conservancy. 2003. Conduct of
benthic invertebrate and fish sampling programs.
• Principal Investigator, Marine and Wetland Resources. City of Newport Beach, CA Local
Coastal Program and General Plan Environmentally Sensitive Habitat Areas. 2002 -2003.
Principal Investigator, City of Morro Bay Anchorage Area A eelgrass habitat mapping,
eelgrass transplants, and long -term monitoring studies, 1996 -2007.
• Biological Consultant to the City of Newport Beach, CA regarding the Army Corps of
Engineers Upper Newport Bay Ecological Restoration Program. 1999 -2001.
Principal Investigator for the City of Long Beach End Beach (Alamitos Bay) 5 -Year
Wetlands Benthic Invertebrate Monitoring Program (1997 - 2002).
Principal Investigator for the San Diego Unified Port District National City Marine
Terminal Wharf Extension Project. Benthic Invertebrate and Piling Faunal Study under
contract to the San Diego Unified Port District. 1999.
• Principal Investigator, wetland restoration feasibility analysis and prepared a marsh
transplant plan for the Hellman Ranch Property, in Seal Beach, Ca. for Moffatt & Nichol
Engineers. 1997 -1998.
Principal Investigator, wetland habitat mapping surveys, a wetlands delineation, and
prepared a detailed wetlands mitigation plan for the County of Orange Sunset Harbour
Maintenance Facility Project. 1997.
Principal Investigator, for a detailed eelgrass mitigation banking document for the City of
Morro Bay which provides a long -term solution to eelgrass- related issues and City-
dredging projects. Currently conducting eelgrass transplant programs for the City of Morro
Bay. 1994 -1997.
Consultant and field biologist for MEC Analytical Systems, Inc. and the Chambers Group,
Inc. for eelgrass habitat mapping field surveys and impact assessments of US Navy
construction projects at NOSC Point Loma, Coronado Amphibious Base, and Coronado
NAS facilities in San Diego Bay. 1992 -1994.
• Senior Biologist, for an Environmental Evaluation (EE) for the ACOE Mission Bay
Reconnaissance Study under contract to Noble Consultants. 1993.
• Co- author, ecological constraints analysis for proposed Tijuana River Valley Mosquito
Abatement Alternatives Project on Tijuana River Valley and Tijuana Marsh biological
communities for the County of San Diego Department of Parks and Recreation. 1992.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway; Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.ci-m@earthlink.net earthlink.net
14
• Principal Investigator, Environmental Evaluation (EE) for the ACOE Upper Newport Bay
Reconnaissance Study under contract to Coastal Frontiers Corporation. 1993.
• Project Biologist/Author, Bolsa Chica Marsh Restoration Project, Wetlands Conservation
Plan, prepared for Michael Brandman Associates and the Koll Company. 1992 -1993.
• Principal Investigator/Project Manager for an ecological study to determine the effects of
eelgrass removal and transplants on existing and translocated eelgrass bed benthic infauna
and epifauna in San Diego, Orange, and Los Angeles County wetlands to satisfy U.S. Army
Corps of Engineers Section 404 and California Coastal Commission mitigation goal and
permit authorizations 1981 -1983.
Project Biologist for a Center for Natural Lands Management Grant: Eelgross of Alamitos
Bay, California- Promoting Stewardship via the Internet. In coordination with Wetlands
Management Inc., Portland Oregon. 2000 -2002.
• Project Biologist/Consultant to L.A. de Wit, Consultant and Padre Associates for the
NASSCO Shipyard Marine Biological Studies, 1997- present.
• Principal Investigator/Project Manager for Irvine Water District Upper Newport Bay
NPDES permit biological and oceanographic studies. 1979 -1982.
Coastal Studies
Principal Investigator, NOAA Artificial Reef Program (2007 - 2010). Mr. Ware is assessing
siting opportunities for proposed artificial reefs in Los Angeles and Orange Counties.
Studies include identifying constraints and opportunities, identifying costs associated with
the construction of artificial reefs, preparing environmental documentation, and conducting
field surveys under contract to URS /Cash & Associates and the NOAA Montrose
Settlement Restoration Trustee Council 2007 -2010.
Principal Investigator, Marine Resources, East Beach Sand Nourishment Project
Monitoring for BonTerra Consulting, Moffatt & Nichol, and the City of Seal Beach.
Conducted offshore sediment sampling, sandy beach biological field studies, prepared a
marine biological impact assessment for the project's Mitigated Negative Declaration, and
conducted California Grunion (Leuresthes tenuis) monitoring surveys. 2008 -2009.
Field Biologist, Camp Pendleton Marine Biological Surveys (2009). Under contract to
Chambers Consultants and Tetra Tech, Inc. Mr. Ware teamed with Chambers Group to
identify and map reef and kelp habitats between Oceanside and San Clemente as part of the
Navy's Natural Resources Management Plan update. Dive surveys were conducted
between 18 and 60 feet over a four -day period. Besides conducting dive surveys, Mr. Ware
mapped kelp bed canopy using GPS /GIS methods and also provided navigation expertise
for the project.
Field Biologist- conducted sediment core sampling studies for Orange County and San
Diego County beach nourishment projects under contract to Moffatt & Nichol Engineers.
2006 -2008.
• Principal Investigator, Marine Resources. Seal Beach Pier Groin Re- Construction Project.
Moffatt & Nichol Engineers and the City of Seal Beach. Conducted intertidal surveys and
subtidal marine biological surveys and prepared marine biological environmental
assessment for the Seal Beach Pier Groin Re- Construction Project. 2005 -2006.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email rware.ci-m@earthlink.net
0 AN 15
• Principal Investigator, Marine Resources, San Clemente Beach Nourishment Monitoring
for Moffatt & Nichol Engineers and the City of San Clemente. Conducted subtidal field
studies and prepared pre- and -post construction marine biological impact assessments for
the North Beach beach nourishment project. 2005 -2006.
Principal Investigator, Marine Resources, San Clemente Beach Nourishment Monitoring
for Moffatt & Nichol Engineers and the City of San Clemente Conducted intertidal and
subtidal field studies along the San Clemente coastline and prepared marine biological
assessment for the project Mitigated Negative Declaration (2000- 2001).
• Principal Investigator (Marine Biology) for U.S. Navy Southwest Division, San Diego Bay
Channel Dredging Project Marine Biological Mitigation Monitoring Program (kelp beds
and benthic habitats) offshore Imperial Beach, Mission Beach, Carlsbad, and Oceanside,
CA under contract to Tierra Data Systems, Escondido, CA. 1997 -1998.
• Principal Investigator, Public Use Impact Studies for Central Orange County Area of
Special Biological Significance (ASBS) Public Use, Biological, and Contaminant
Investigations (2006 -2007) for the City of Newport Beach under contract to Weston
Solutions, Inc.
Principal Investigator, Marine Biological Resources for the Treasure Island Resort Project.
City of Laguna Beach and the Athens Group. Preparation of environmental assessment,
marine resources monitoring plan, application to nominate Treasure Island as a State
Marine Park, and the conduct of a 5 -year field monitoring program for rocky intertidal,
subtidal reefs, and visitor use (plants, benthic invertebrates, and fishes). 1997 -2009.
Studies completed and submitted to the City in June 2009.
Field Marine Biologist/ Consultant to L.A. de Wit and Dames & Moore Inc., Marine
Biological Studies and Impact Analysis Liquefied Natural Gas (LNG) Recovery Terminal
and Transmission Pipelines. Baja, Mexico. 2004.
• Field Marine Biologist and ROV Observer, to L.A. de Wit for Southern California Edison
Power Cable and Pier Removal Projects. Avalon, CA and Huntington Beach, CA 2004
• Field Marine Biologist/ Consultant to L.A. de Wit, Consultant for Exxon/Mobil, Post -
Installation Marine Biological Survey SYiJ Offshore Power System Repair Project. Santa
Barbara, CA. 2003
• Field Marine Biologist/ Consultant to Coastal Resources Management/Consultant to L.A.
de Wit, Consultant for Exxon/Mobil, Pre - Installation Marine Biological Survey SYU
Offshore Power System Repair Project. Santa Barbara, CA. 2003.
• Principal Investigator, Marine Resources. City of Dana Point Local Coastal Program
Update. Update and review of Dana Point's marine habitats and marine life under contract
to BonTerra Consulting, Inc. 2002.
• Principal Investigator, Guana Island, British Virgin Islands National Science Foundation
Marine Invertebrate and Seagrass Study (1998 - 2009). Mr. Ware was the field operations
officer and a scientific field team member for this National Science Foundation (NSF)
Project. He studied the distribution of Seagrass communities around Guana Island at
depths between the intertidal to 80 ft. between 1998 -2001 and conducted follow -up
seagrass research in August 2009.
Independent Reviewer for the City of Dana Point Headlands Marine Resources Impact
Report under contract to the City of Dana Point. August 2000.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email t are.crm @earthlink.net
0 16
• Co- Principal Investigator for the Cabrillo (Encina) Power Plant Northern Jetty Inlet
Restoration Project (NIJRP) Preliminary Marine Biological Studies. Conducted reef
mapping and reef biological surveys between Oak Street and Cannon Avenue in Carlsbad,
CA and prepared environmental documents. 2000 -2001
Co- Principal Investigator with Leray A. de Wit, Consultant. Project Manager for marine
biological assessment of a proposed abalone mariculture operation offshore of Point Loma,
CA., for Maritech, Inc. November 1999- January 2000.
Principal Investigator and Consultant to Cash & Associates, Engineers. Tennis Estates
Dock and Bulkhead Reconstruction Project, Huntington Harbour, CA January 2001.
ROV Observer/Field Biologist for the State Lands Commission Santa Barbara Channel
Platform Abandonment Project under subcontract to Leray A. de Wit, Consultant. August
2000-
• Senior Environmental Monitor, Legs I and 2 for the Global Crossing/Tyco Fiber Optic
Cable Laying Project, Central California aboard the vessel GC Cable Installer under
subcontract to Applied Marine Sciences, Inc. AugusdSept 2000.
• Principal Investigator for a U.S. Navy San Clemente Island marine biological inventory of
intertidal and subtidal environments in the vicinity of Wilson's Cove and impact assessment
of the effects of sewage discharge on marine communities under contract to USNSWD,
1997.
Principal Investigator for Califomia Department of Transportation (Cal Trans) District 7
Marine Biological Surveys and Pre -Post Impact Analysis and Mitigation Monitoring
Program to assess the effects of sediment disposal along Pacific Coast Highway, Malibu,
California on intertidal and subtidal resources 1994 -1998.
• Principal Investigator for County of Los Angeles Department of Public Works Marine
Biological Surveys and Pre - Impact Analysis and Mitigation Monitoring Program to assess
the effects of sediment disposal along Pacific Coast Highway, Malibu, California on
intertidal and subtidal resources. 1997.
• Principal Investigator, (Intertidal and Subtidal Marine Resources) for the City of Santa
Barbara Desalination Plant E1R (Long -Term Water Supply Project). Subcontractor to EIP
Associates. 1993 -1994, under contract to EIP Associates, Pasadena, CA.
Principal Investigator (Intertidal and Subtidal Marine Resources) for the Community of
Cambia, CA Desalination Facility Project EIR under contract to Robert Bein, William Frost
Associates to assess the short-term and long -tenn environmental impacts of a coastal
desalination plant on rocky intertidal and subtidal benthic communities in the vicinity of the
proposed outfall and intake structures. 1994 -1997.
• Principal Investigator, Seagrass Ecosystems. Palau Resort Development Pre - Construction
Seagrass Ecosystem Surveys and Mitigation Plan Principal Investigator seagrass habitat
mapping surveys, and preparation of a mitigation plan to reduce the impacts of a proposed
resort development in the Republic of Palau under contract to MBA International. 1993.
• Principal Investigator for a rocky intertidal evaluation in Portuguese Bend Cove, Palos
Verdes, CA. that investigated the biological characteristics and sensitivity of the area for a
proposed condominium development project (Portuguese Bend Beach Club). 1993.
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email iware.cnn @earthlink.net
17
VW
0
Principal Investigator, (Intertidal and Subtidal Marine Resources) for the Capistrano Beach
Water District Groundwater Desalination Plant Initial Study. 1992, under contract to Sandra
Batter Associates.
Project Biologist for pre -and post - construction mitigation monitoring of kelp beds, surf
grass bed and general biological resource fields surveys for the Exxon U.S.A. Santa Ynez
Unit construction project for Michael Brandman Associates and L.A. de Wit, Consultant.
1989 -1994.
Principal Investigator (intertidal and subtidal resources) for a U.S. Army Corps of
Engineers Environmental Evaluation (EE) that investigated the effects of coastal landslides
on onshore and nearshore marine resources along the Palos Verdes coastline. 1991.
Principal Investigator/Project Manager, THUMS Artificial Reef Monitoring Program, Long
Beach Outer Harbor to document the pre- and -post construction impacts of reef construction
and the colonization of the reef by marine biota, as part of a mitigation project for the loss
of subtidal habitat in Long Beach Outer Harbor for THUMS Long Beach Company (MBC
Applied Environmental Sciences). 1984 -1988.
Principal Investigator, Rocky Subtidal Studies for the Western Liquefied Natural Gas
Terminal Project, Little Cojo Bay (MBC Applied Environmental Sciences) 1982 -1983.
Project Manager, Minerals Management Service (MMS) Alaska OCS Office Information
Transfer Meetings and Small Conferences (1986 - 1988).
Principal Investigator, NPDES Monitoring Studies, Haynes Alamitos Generating and
Long Beach Harbor Generating Stations, 1984 -1988
Publications/Reports upon request
Coastal Resources Management, Inc. PMB 327, 3334 E. Coast Highway, Corona del Mar, CA
(949) 412 -9446 (949) 675 -2970 (fax) email iware.ernt @earthlink.net
� Associates
Envir on men tal Consltants
V
November 18, 2011
Keeton Kreitzer Consulting
Attn: Keeton Kreitzer
180 South Prospect Ave., Suite 140A
Tustin, CA 92780
Subject: Earl's Landing Air Quality /GHG, and NoiseNibration
Impact Studies
Our Reference No. Qll -050
Dear Keeton:
We are pleased to submit this proposal to prepare the air quality, noise and GHG
impacts from the proposed development. We would anticipate using some of our
other more recent Newport Beach studies for much of the setting and baseline
characterization.
Our proposed scope of services is attached. Our not -to- exceed fee to prepare the
study will be $5,650. Should you have any questions, please do not hesitate to call
us.
Sincerely,
Hans D. Giroux
Senior Analyst
Giroux & Associates
SCOPE OF SERVICES
Air Quality
G Update our atmospheric environment setting sections for the project area based on data from
the South Coast AQMD Costa Mesa air monitoring station.
Calculate temporary demolition and subsequent construction activity emissions using
procedures identified within the SCAQMD CEQA Air Quality Handbook (1993).
Calculate regional vehicular emissions using the currently recommended CalEEMod
computer model and compare emissions with the proposed project to those generated by
existing on -site land uses.
Evaluate the potential for any micro -scale air pollution "hotspot" formation at project area
intersections in the proximity of Coast Highway using a screening procedure based upon the
CALINE4 line source dispersion model.
Quantify any localized impact potential from harbor /marina proximity in terms of diesel
exhaust emissions from boats.
C Discuss kitchen exhaust odor dispersion relative to the proposed on -site residential use.
C .Discuss project consistency with the South Coast Air Basin Regional Air Quality
Management Plan in terms of land use planning consistency.
O Identify any potentially applicable mitigation measures, particularly focused on the proposed
residential component.
0 Discuss the potential effects on local air quality of cumulative development in the area.
C Compare air quality impacts of alternatives to those of the proposed project.
Summarize findings in a "stand- alone" draft air quality technical report in a
setting/impact/mitigation format.
SCOPE OF SERVICES
Noise Impact
C Perform limited on -site ambient noise monitoring to generate a baseline noise
characterization of the area.
U Develop a baseline traffic noise exposure profile in terms of the CNEL noise metric using the
FHWA Model with the latest California vehicle noise curves (CALVENO).
G Prepare a no- project versus with - project mobile noise impact comparison, including any
viable project alternative development scenarios. Discuss roadway traffic and boat noise
impacts to the proposed residential component.
Discuss potential noise effects from operation of a 3 -story parking structure.
o Evaluate stationary noise impacts from temporary on -site demolition and construction noise
sources.
O Evaluate post- construction/operational noise associated with outdoor dining and
entertainment on nearby residential development.
o Relate project noise impacts to the Noise Element noise /land use compatibility guidelines in
the City of Newport Beach General Plan Noise Element and other applicable noise exposure
regulations.
Evaluate potential vibration impacts associated with pile driving and heavy equipment for
construction of the bulkhead and related features.
a Develop a noise mitigation plan and, if necessary, a vibration impact mitigation plan for any
predicted noise and vibration impacts that exceed target exposure limits.
C Summarize findings in a "stand- alone" draft noise and vibration technical report in a
setting /impact/ mitigation format.
SCOPE OF SERVICES
Greenhouse Gases /Climate Change
C Describe the existing GHG regulatory environment focused on AB -32 and SB -375.
C Identify appropriate thresholds of impact significance that include both the quantity of GHG
generated by the project as well as project consistency with sustainable community
initiatives.
G Quantify GHG emissions associated with transportation, on -site energy consumption,
indirect electricity generation emissions, solid waste generation, and water use. Compare
post - project to pre - project emissions to isolate the project increment.
C Based upon the relative roles of transportation and non - transportation emissions projections,
identify mitigation potential that might reduce the gap between AB -32 goals versus programs
that are already in place (CAFE, LCFS, energy efficiency, etc.) based upon the CAPCOA
and the AG menus of mitigation options.
Determine impact significance (possibly cumulatively significant).