HomeMy WebLinkAbout12 - Koll Center Newport Office ProjectSEW Ppgr CITY OF NEWPORT BEACH Hearing Date:
o° m COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.:
- i PLANNING DEPARTMENT Staff Person:
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(714) 644 -3200; FAX (714) 644 -3250
REPORT TO THE MAYOR AND CITY COUNCIL
PROJECT: Koll Center Newport Office Project
May10,1999
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Patricia L. Temple
(949) 644 -3200
ACTION: Approve Professional Services Agreements with Lawrence Associates of
San Juan Capistrano and Keeton Kreitzer Consulting of Irvine, California,
for professional project management and environmental services.
Council Policy F -14, Authority to Contract For Services, authorizes Department Heads to award
contracts for services of less than $30,000.00 without further review. However, contracts in excess
of $30,000.00; contracts for service not specified in the approved budget; and contracts for services
which exceed the amount authorized by the City Council in the budget must be submitted to the
City Council for specific approval before the contract is awarded. Additionally, the City Attorney is
required to review all specific contract documents prior to contract award.
The attached consultant contracts are for the processing of the request of the Koll Company for
additional office development at the comer of MacArthur Boulevard and Jamboree Road. One of
the two contracts, for Lawrence Associates, technically does not require City Council approval
because it is under the $30,000 limit. However, this is the first time the Planning Department is
utilizing an outside consultant to augment staff. We need to do this because of our extremely high
workload combined with limited staff resources. As a result, this applicant has requested that a
contract planner be retained to fulfill normal staff activities, like managing the environmental
consultant, reviewing and processing applications, writing staff reports, and plan checking the
building. We felt that the City Council should be aware of this fact, and felt the contract approval
process provided a convenient mechanism for this information. The contract planner cost is to be
covered by the applicant.
Lawrence Associates has provided a proposal for project management for the project. This firm was
selected after a Request for Proposals, a review of six different firms' Scope of Services, and an
interview. In recommending the retention of this firm, staff believes that it possesses the level of
experience necessary to manage the project with a level of competence similar to City staff. Mr.
Lawrence has experience as a staff planner, and has an excellent understanding of this role. That of
representing the applicant. Additionally, he has a good knowledge of the City and its processes,
since he prepared the Recreation and Open Space Element of the General Plan under contract to the
City, and we were very satisfied with his work.
In terms of the EIR consultant, it should be noted that the City's standard practice for more than 20
years has been to select environmental consultants from a list of firms previously qualified by the
City, when agreed to by the applicant. The City has followed this practice because the time limits
on EIR preparation make it impractical to do a full selection process for each case. Additionally, no
City funds are involved in these contracts, as the applicant is responsible for the cost of EIR
preparation.
Keeton Kreitzer Cunsulting has provided a proposal to perform professional environmental
services for the City of Newport Beach for the preparation and processing of a Focused
Environmental Impact Report and supporting documents for the Koll Center Newport expansion.
Attached is a copy of the proposal, containing the scope of services through the completion and
certification of the Final EIR, proposed budget, and time schedule for preparation and processing
the environmental documentation. Staff has reviewed the scope of services and determined that the
services that will be provided meet or exceed the minimum requirements set forth by the California
Environmental Quality Act. The environmental consulting fees for tasks described in the scope of
services including staff hours, technical studies, direct expenses, and printing have been reviewed
by staff and are considered appropriate and warranted. Additionally, the applicant has reviewed the
contract proposal and finds that the scope of services and fees to be appropriate.
The Assistant City Attorney has reviewed the form and content of the Professional Services
Agreements.
Submitted by:
SHARON Z. WOOD
Assis City Manager
Attachments: S e of Services Proposals
Professional Services Agreements
Prepared by:
PATRICIA L. TEMPLE
Planning Director
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SCOPE OF SERVICES
KOLL OFFICE TOWER
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CITY OF NEWPORT BEACH
NOVEMBER 1998
LFAW'\RENCE
a s/o s a t a x
URBAN PLANNING AND DESIGN
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LAWRENCE
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URBAN PLANNING AND DBSIGN
November 11, 1998
Patricia Temple
Planning Director, Community and Economic Development
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Dear Ms. Temple:
In response to your request, Lawrence Associates is pleased to submit this proposaj for staff
augmentation services.
I formed Lawrence Associates in 1986 to provide contract planning services to cities. My 25 years in
planning includes 13 years on staff at the City of San Juan Capistrano, where I managed the
development review division. Since becoming a consultant, I have served as a contract planner for
review of major development projects in Laguna Niguel, San Clemente, San Juan Capistrano, La Palma,
and Aliso Viejo. -
In presenting this proposal, I would like to emphasize several points:
■ If selected for the project, I will be the responsible person for the duration of the project. In
other words, "who you see is who you get".
■ I am able to function independently to produce and prepare reports, letters and exhibits without
the need for City clerical support.
Throughout the review process, I will keep the Planning Director and the applicant fully
informed. I will be readily accessible to City staff and the applicant and will be available to
meet as needed and on short notice if necessary.
I am the principal of Lawrence Associates and the person authorized to bind this proposal and negotiate
a contract. If you have any questions, please call me at 949 -661 -8175.
Sincerely,
Larry Lawrence AICP
Principal
32092 Via Carlos, San Juan Capistrano, CA 92675 • 949.661.8175 • Fax 949.661.4828 1
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CONTENTS
SECTION PACE
1. APPROACH I
2. METHODOLOGY 2
3. RELATED EXPERIENCE 4
4. COST AND A VAILABILITY 6
5. RESUME
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1. APPROACH
This scope of services is for the provision of staff augmentation services for review of the proposed ten -
story office tower in Koll Center Newport. The project will include the processing of an EIR and traffic
study, a General Plan Amendment, and an amendment to the KCN PC text. The following sections
describe our approach to the project, processing methodology, Larry Lawrence's experience with similar
projects, and an hourly rate quote.
Principles
All project management, report preparation, and other work related to the project will be performed by
Larry Lawrence. My guiding principles in performing the work will be:
■ My client is the City of Newport Beach, not the applicant. The public interest, as defined by the
City, will be the ultimate determinant of direction and recommendations.
■ The project proponents will be treated in an even - handed and responsive manner. I will listen
attentively to their concerns and their project objectives, and respond promptly where required.
■ Project evaluation will be comprehensive, identifying every issue.
■ I will work to resolve any conflicts by offering alternatives that work for both the City and the
proponents. Alternative solutions will fully conform to City standards and policies.
■ My knowledge and long experience with zoning regulations, CEQA and other state and federal
regulations will be used to steer the project through all required "hoops ".
■ Work will be done precisely to the specifications of the City of Newport Beach.
■ Deadlines will be met with no loss of work quality.
LAWRENCEASSOCLUES 1
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2 METHODOLOGY
0 Familiarization
L.J
Immediately upon project "kickoff', I will meet with the Planning Director and other relevant City staff,
review the case file, other related files or projects, the General Plan, and applicable City policies and
ordinances. I will also conduct site visits and meet with project proponents, under the auspices of the
Planning Director, to more fully understand the project characteristics and objectives. I will then review,
analyze and evaluate the project submittals for consistency with City policies and standards as well as
the requirements of state law.
Prokct Analysis And Processing
I will coordinate review of plans by various City departments and outside agencies, consolidating
comment and presenting recommendations and revisions to the applicant. I will also prepare screen
check comments, letters to applicants, and staff reports. This will include the preparation of required
notices of public meetings and hearings. Notices will be mailed, posted, and/or published as required
by City codes and policies.
I will maintain the quality of the city's discretionary review process by ensuring that all City standards
and policies are implemented in a thorough and consistent manner. I will ensure that all written
materials are thoroughly reviewed and consistent with the format established by the City of Newport
Beach. Internal deadlines will be established for the processing of the assigned project to ensure that
adequate time is spent reviewing drafts. Continued coordination and communications with the staff
planner and affected departments and agencies will be maintained when preparing staff reports.
In addition to review of the project for consistency with applicable codes, I will prepare the required
environmental assessments, including initial studies, negative declarations, Program EIR checklists, and
mitigation monitoring programs to ensure compliance with CEQA as necessary.
EIR
I will work closely with the EIR consultant to ensure that the project description is complete, that
alternatives to the project have been identified, and that the consultant has all necessary information
from the City and proponents to prepare the draft document. I will integrate the necessary EIR review
steps into the project schedule and assist with scoping and other meetings and required noticing.
Scheduling
A processing schedule will be established in accordance with the city's calendar and processes. I will
maintain the schedule, prepare regular status reports, and ensure that all deadlines for noticing, report
preparation, review of reports and packet assembly are met. The applicant will be kept informed of the
status of the project and of submittal deadlines to meet hearing dates.
LAWRENCEASSOCLUES l
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Z METHODOLOGY
Meetings And Hearin Qs
Once all the issues have been addressed to the satisfaction of the city staff, I will attend meetings and
make presentations to the Planning Commission, other advisory bodies, and the City Council. Prior to
each meeting, I will contact the applicant and the other affected departments or agencies and determine
whether their attendance will be required. Any exhibits or graphics will be prepared in advance of the
meeting and I will ensure the exhibits are displayed at the meeting or hearing.
Plan Check
If the project is approved, I will review grading and building plans for consistency with discretionary
approvals and environmental mitigation measures. I will coordinate with the other departments to
finalize the plan check process and ensure those planning related issues, conditions of approval and/or
mitigation measures have been addressed to the satisfaction of the City.
Cost Control
Lawrence Associates is sensitive to the need to minimize costs wherever possible, but not at the expense
of quality review. Researching the project in advance of meetings, anticipating the issues and
coordinating closely with the applicant, the other departments and the Planning staff will avoid "late
hits" and the need to delay or reassess the project. Since I have considerable experience in processing
applications, the learning curve will be minimal.
LAWRENCEASSOCL4TES
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3. RELATED EXPERIENCE
• City of San Clemente Case Processing
Mr. Lawrence was the contract planner and project manager for two major projects in San Clemente,
the Forster Ranch Specific Plan.and the Plaza Pacific project. In the , Mr. Lawrence was responsible
for coordinating and processing a major specific plan revision, General Plan amendment, EIR, and
development agreement. In the Plaza Pacifica mixed use project, project plans include site plan,
landscaping, architecture, grading, tentative map, traffic study, and development agreement.
Contact: Jim Hare, City Planner
949 -361 -6185
• City-of Laguna Niguel Case Processing
Larry Lawrence did the staff analysis, review, and processing for a number of proposed development
projects. Mr. Lawrence acted as city staff for these projects, including liaison with project sponsors,
reports to staff managers, preparation of initial studies and public notices, analysis of site plans,
architecture, landscaping, compliance with zoning code and general plan, preparation of staff reports
and resolutions in the City's formats, presentation of projects and staff recommendations at Planning
Commission and City Council meetings, and followup /file closeout after final action.
Mr. Lawrence also assisted in setting up the Laguna Niguel Community Development Department upon
is incorporation, including the preparation of standard resolutions and conditions of approval for tentative
map, site plan, and other development entitlements.
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Contacts: Robert Lenard, Community Development Director: 949 - 362 -4314
William Cunningham, Planning Manager: 949 - 362 -4360
• Community of Aliso Viejo Case Processing
Lawrence Associates is the planning consultant for the Aliso Viejo Advisory Planning Committee
( AVAPC), which is the advisory planning body for the Aliso Viejo Community Association. Mr.
Lawrence and his staff are responsible for preparing reports on proposed projects referred to AVAPC
by the County of Orange and forwarding recommendations to the County. Representative projects
reviewed by Mr. Lawrence include site, architectural, and landscape plans for the Summit and Summit
South office tower projects, the Pacific Park business park complex, the Columbia Square office
project, the Pacific Park Medical Office Building, the Shea Town Center Corporate Park, and a large
number of residential tentative maps and site plans.
Contact: Steve Dickey, AVAPC Chairman
800 - 926 -3766 x301
LAWPENCEASSOCLUES 4
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3. RELATED EXPERIENCE
- • Ctyof San Juan Capistrano Case Processine 0
Mr. Lawrence acted as an extension of city staff, providing the same staff review, analysis and
processing services as for the City of Laguna Niguel, described above. Representative projects include
the Pueblo Serra Planned Community office project and the Capistrano Collection retail project.
Before becoming a consultant, Mr. Lawrence spent 13 years as a staff planner for San Juan Capistrano.
During that time, he managed the current planning division and processed a large number of
development projects and other land use entitlements.
Contact: Thomas Tomlinson, Planning Director
949 - 493 -1171
• City of La Palma Case Processing
Mr. Lawrence provided staff services for land use applications for a city without its own planning
department. In addition, Mr. Lawrence overhauled and rewrote the City's nonresidential zoning
regulations.
Contact: Ismile Noorbaksh, Public Works/Planning Director
714 -523 -7700 0
LAWRENCEASSOCLUES
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4. COST AND AVAILABILITY
Hou* Rate
I propose to perform the work described in this proposal on a time - and - materials basis, at the following
hourly rates:
Direct Work .......... $80
Travel ................ 40
Availability
If selected, I will be available to begin work immediately. I estimate that for the duration of the project,
approximately 30 percent of my time will be spent in work on the project.
LAWRENCEASSOCLUES 6
S. RESUME
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ILrAW�RENCE
FBAN 11A....O AN. D.M..
0 LARRY N. LAWRENCE AICP
SUMMARY-
Larry Lawrence has over 25 years of experience as a planning consultant
and city staff planner. During that time, Mr. Lawrence has analyzed dozens
of proposed development projects and land use applications, prepared
zoning codes, sign and subdivision codes, general plan elements, specific
plans, environmental impact reports, hillside protection ordinances, open
space acquisition programs, and annexation studies.
Prior to forming Lawrence Associates, Mr. Lawrence was a planner for the
City of San Juan Capistrano. His responsibilities included managing the
current planning division and coordinating the Environmental Review
Board. He also prepared the City's Land Use Code, growth management
ordinance, and various planned community ordinances.
Mr. Lawrence holds a masters degree in city planning, is a member of the
American Planning Association and the American Institute of Certified
Planners (AICP), and is past Director for AICP Certification for the Orange
County Section, Cal Chapter APA and Registration Chair for the 1998 Cal
Chapter APA Conference.
?�YOfr'u5 /JP /�!L
• Principal, Lawrence Associates
r / /irTJ( {y,
• Senior Planner, City of San Juan Capistrano
• Assistant/Associate Planner, City of San Juan Capistrano
• Planning Intern, County of San Diego
c/JJC�I! /JP /:
• Master of City Planning, San Diego State University
• B.A. Psychology, University of California, Berkeley
• Graphic and design courses, UCI landscape arch. certificate program.
JIFF /L /mil! /OP /S:
• American Planning Association
• American Institute of Certified Planners
CJP /Ti {��r%
• San Taman Capistrano: Current Planning - As manager of current
rLgIyN/NG
planning and later as a contract planner for the City, analyzed and
processed over 50 major projects, including tentative maps, grading
and landscape plans and schematic elevations. These included most
of the residential projects submitted to the City during that heavy
growth period. Responsibilities included liaison with applicants and
city staff, preparation of staff reports, presentations to the
Architectural Board of Review, Planning Commission, and City
Council, and followup and file closure after final action.
Representative projects included the Lomas San Juan and Pueblo
Serra planned communities, Bank of America, and Sycamore Plaza.
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RESUME
LARRYLAWRENCE
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• Aliso Viejo: Advisory Review- Reviewed a large number of projects
referred to the Aliso Viejo Advisory Planning Committee (AVAPC)
by the County of Orange for recommendations and conditions of
approval. Representative projects include the Summit and Summit
South office tower projects, the Pacific Park business park complex,
the Columbia Square office project, the Pacific Park Medical Office
Building, the Shea Town Center Corporate Park, and a large number
of residential tentative maps and site plans.
La Palma: Land Use Applications - Prepared staff analysis,
environmental documentation, hearing notices and related
documentation on controversial land use applications.
• San Clemente: Forster Ranch Specific Plan - As a city contract
planner, created specific plan regulations for the 1900 -acre Forster
Ranch planned community in San Clemente. The bulk of the specific
plan is the zoning component, consisting of regulations relating to
permitted uses, development standards, and review procedures. The
plan also contains land use and circulation master plans and related
elements. 0
• Laguna Niguel: The MarketPlace at Lapauna Niguel - Reviewed all
architectural elevations and design details for a major shopping
center recently completed at Pacific Park Drive and Alicia Parkway.
The project includes a WalMart, Mervyns and Vons and a large
number of smaller shops. Consulted with city staff, project represen-
tatives, architect, and landscape architect. Reviewed plans, prepared
relevant staff report sections, and presented design analyses to the
Planning Commission and City Council. Also prepared slide shows
to illustrate good and bad design approaches and show that it is
possible to build a non -ugly WalMart.
Lacuna Niguel: HomeBase - Project manager for review of a major
store remodel, including expansion of the garden center and
reconfiguration of the parking lot. Provided design feedback to the
project architect and landscape architect, reviewed proposed
architecture in light of City's Community Design Guidelines,
prepared staff reports, and presented the project to decision - makers.
• Laguna Niguel: Architectural Review -Assisted planning staff as a
design consultant in the review of architecture, landscape
`A
ly
RESUME
LAND USE
�1EGU AU0111
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LARRYLAWRENCE
architecture, and site design for various projects. Projects included
the St. Timothy's and Seventh Day Adventist church expansions, St.
Anne private school, the Mimi's, Chevy's, In -N -Out, and Yankee
Tavern restaurants, ARCO gas station, and Smith's Market.
• La Ouinta: Zoning Code - Prepared a new zoning code and
consistency rezoning for the City of La Quinta, including computer
graphics to illustrate required setbacks and building heights, fence
regulations, and other development standards.
• La Palma: Zoning Code - Prepared nonresidential district
regulations, including permitted uses, development standards, and
supplemental regulations. Future phases will encompass residential
regulations, permitting procedures, special purpose districts, adult
business regulations, signs, parking, and a general overhaul of the
ordinance.
• Laguna Niguel: Design Guidelines - Prepared citywide community
design guidelines for the City of Laguna Niguel, including
residential, office, industrial, and commercial architecture, site
planning, and landscaping. The Guidelines addressed such items as
outdoor lighting, pedestrian spaces and walkways, parking layout,
street trees, entry landscaping, building mass and form, building
elevations, architectural style and harmony, roofs, materials and
colors sign design, fences and walls.
•
Laguna Niguel: Zoning Code - Prepared a new zoning code and
consistency rezoning for the City of Laguna Niguel to replace seven
planned community ordinances. The project involves a complete
land use /development survey of the City in order to determine the
setback and other standards of development on the ground, the
preparation of a new zoning scheme, district regulations and zoning
map, preparation of new supplemental regulations, such as special
events, accessory uses, adult businesses, etc., and the overhaul of
City permitting procedures.
• San Juan Capistrano oning Code - Drafted the San Juan Capistrano
Land Use Code. The Code includes overlay districts to address such
concerns as hillside protection, historic preservation, and floodplain
zoning. Subdivision regulations, with provisions for lot design,
undergrounding of utilities, park dedication, and other issues, are
also integrated into the Code.
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RESUME
COMPUTER
LARRYLAWRENCE
• Claremont: Subdivision Re ulations - Completed comprehensive
subdivision regulations for the City of Claremont, including
provisions for compliance with state law regarding vesting maps,
environmental review, review period limitations, park dedication,
school site reservation, rental conversions, lot line adjustments,
mergers, and reversions to acreage.
• WordPerfect, Excel, HTML Assistant, Aldus Photostyler, Omnipage
Pro, CorelDraw, and CAD Designer.
C!
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of May, 1999, by and between
CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as
"City "), and Lawrence Associates whose address is 32092 Via Carlos, San Juan
Capistrano, California, 92675, (hereinafter referred to as "Consultant "), 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 desires to engage Consultant to provide project management and
staff services upon the terms and conditions contained in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, Larry
Lawrence.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
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 17th day of May, 1999, and
shall terminate on the 17th day of May, 2000, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit `B" and
incorporated herein by reference. No rate changes shall be made during the term of
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this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of Sixteen thousand dollars ($16,000). The Planning Director shall have the
authority to authorized work beyond this amount, not to exceed an additional $4,000.
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. 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.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the 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. Consultant
represents and warrants to City that it has or shall obtain all licenses, permits,
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qualifications and approvals required of its profession. Consultant further represents
• and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 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, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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 details in means of performing the work provided that Consultant is compliance
with the terms of this Agreement. Anything in this Agreement which may appear to
give City the right to direct Consultant as to the details of the performance of the
services or to exercise a measure of control over Consultant shall mean that Consultant
• shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to 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 Project term. Consultant has designated Larry Lawrence to be its
Project Manager. Consultant shall not bill any personnel to the Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel,
without City's prior written approval by name and specific hourly billing rate. Consultant
shall not remove or reassign any personnel designated in this Section or assign any
new or replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
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.
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8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with Exhibit A. The
failure by Consultant to strictly adhere to the schedule, may result in termination of this
Agreement by City, and the assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall not be responsible for delays which are
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.
8.1 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 which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his/her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages •
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
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injury, property damages, or any other claims arising from any and all acts or omissions
• of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence of City, or its employees, or other contractors, excepting
only the sole negligence or willful misconduct of City, its officers or employees, and shall
include attorneys' fees and all other costs incurred in defending any such claim.
Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees
in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
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 Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
. and maintain, at its own cost and expense, any additional kinds of insurance, which in
5
its own judgment may be necessary for its proper protection and prosecution of the
work. •
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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, shall
be construed as an assignment of this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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.
Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
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16. CONFIDENTIALITY
0 The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Blueprinting, CADD plotting, copying and other services through City's
reproduction company for each of the required submittals. Consultant will
be required to coordinate the required submittals with City's reproduction ,
company. All other reproduction will be the responsibility of Consultant
and as defined above.
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered the Project Administrator and shall have the authority 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.
19. 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. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal 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 under this Agreement.
20. WITHHOLDINGS
City may withhold payment 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
7
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appeal to the City Manager or his designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven .
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. 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 financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. 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
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.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under 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.
8
aV
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
Fax 644 -3350
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Larry Lawrence
Lawrence Associates
32092 Via Carlos
San Juan Capistrano, CA 92675
(949) 661 -8175
Fax 661 -4828
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. 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
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same or any other term, covenant or condition contained herein, whether of the same or
a different character.
29. 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. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against 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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
A Municipal Corporation
Robin Clauson
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless
City Clerk
City Manager
for the City of Newport Beach
CONSULTANT
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November 27,1998
Keeton Kreitzer Consulting
17910 Sky Park Circle, Suite 108
Irvine, CA 92614
PLANNINGFDEPARTMENT
CITY OF NEWPORT BEACH
01 1998
Ms. Patricia L. Temple, Planning Director AM PM
Community and Economic Development 71Bi9�10111i1211�2i3�4�5�6
City of Newport Beach.
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Dear
As you requested, I have enclosed a proposal for environmental consulting services for the
preparation of the Koll Center Newport General Plan Amendment/ PC Text Amendment Draft
Environmental Impact Report (EIR) proposed in the City of Newport Beach. I have based my
proposal on our discussions and those with Ms. Lauren Jeu of Planning Consultants Research and
Mr. Patrick Allen of Langdon Wilson Architects. I believe this proposal addresses the issues
associated with the proposed project and presents a comprehensive scope of services necessary to
implement the City's environmental review process.
Two firms will assist Keeton Kreitzer Consulting (KKC) in the preparation of the Draft EIR.
Robert Kahn, John Kain & Associates, Inc., will prepare a detailed traffic analysis, consistent with
the City's requirements (including the Traffic Phasing Ordinance). In addition, BridgeNet
Consulting Services International will prepare the acoustical and air quality assessments. All three
of these technical analyses will evaluate the project - related impacts based on vehicular access as
proposed (i.e., from both Jamboree and MacArthur Boulevards) and the alternative scenario you
described, with project vehicular access from Jamboree Boulevard only. The technical studies will
be summarized and appended to the Draft EIR.
As indicated in the scope of services, KKC will work directly with City staff during the preparation
of the Draft EIR and ensure that the City's environmental review process is carefully implemented
and completed. I shall be responsible for project management and preparation of the Draft EIR,
response to public comments, and Final EIR. In addition, the proposal reflects preparation of all
of the requisite CEQA notices associated with the preparation of the document. Finally, we will
prepare the mitigation monitoring and reporting program, findings and statement of overriding
considerations (if necessary), and will attend all public meetings and hearings held for the
proposed project.
17910 Sky Park Circle, Suite 108- Irvine, CA 92614- (949) 756 -2202 -Fax (949) 756 -2207
of
Ms. Patricia L. Temple, Planning Director
City of Newport Beach
November 27,1998
Page Two
Thank you for providing KKC with the opportunity to provide the City with this proposal for
environmental consulting services for the Koll Center Newport project. If you have any questions
regarding either the scope of services or estimated budget after you have reviewed the proposal,
please don't hesitate to call me.
Very sincerely,
KEETON KREITZER CONSULTING
Ljq//�- --
Keeton K. Kreitzer
Principal
KKK:rjr
Enclosure
27920 Sky Park Circle, Suite 208 - Irvine, CA 92624 - (949) 756 -2202 - Fax (949) 756 -2207
0
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Proposal for the
Preparation of a Draft
Environmental Impact Report
Koll Center Newport
General Plan Amendment 97 -3 and
Planned Community Text Amendment
Newport Beach, CA
Submitted to:
Newport Beach Department
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
ATTN: Patricia L. Temple, Director
Submitted by:
Keeton Kreitzer Consulting
17910 Sky Park Circle
Suite 108
Irvine, CA 92614
November 27, 1998
0
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Proposal for the
Preparation of a Draft
Environmental Impact Report
Table of Contents
Page
I. SCOPE OF SERVICES .............. ............................... 1
Task One - Project Management ....... ............................... 1
Task Two - Initial Study /Notice of Preparation ............................ 2
Task Three - Sub - Consultant Studies .... ............................... 2
Task Four - Screencheck EIR .......... ............................... 2
Task Five - Draft Project EIR ......... ............................... 10
Task Six - Response to Public Comments . ............................... 10
Task Seven - Final EIR ............. ............................... 1 1
Task Eight - Mitigation Monitoring Program ............................. 11
Task Nine - Public Hearings ......... ............................... 1 1
II. PRO) ECTSCHEDULE ............. ............................... 11
III. ESTIMATED BUDGET ............ ............................... 12 .
IV. PROJECT MANAGEMENT AND PERSONNEL .......................... 14
V. RESPONSIBILITY OF THE PROJECT APPLICANT AND /OR
CITY OF NEWPORT BEACH ....... ............................... 15
VI. STATEMENT OF OFFER/TERMS OF AGREEMENT ...................... 16
Appendices
A. Technical Studies Scopes of Work
B. Cost Summary Breakdown
310
PROPOSAL FOR THE PREPARATION
OF A DRAFT
ENVIRONMENTAL IMPACT REPORT
. KOLL CENTER NEWPORT
GENERAL PLAN AMENDMENT 97 -3 AND
PLANNED COMMUNITY TEXT AMENDMENT
NEWPORT BEACH, CA
SCOPE OF SERVICES
As indicated above, the scope of services for the Draft Environmental Impact Report (Draft EIR)
comprises several discrete steps that implement both the State and City of Newport Beach California
Environmental Quality Act (CEQA) guidelines. The major objective to be achieved is the certification
of the Draft EIR that will require the implementation of several tasks to be undertaken that include,
but not limited to, the following: (1) project management and coordination; (2) preparation of
technical studies; (3) preparation of the Draft EIR; (4) EIR processing and public participation; (5)
preparation of the Final EIR; and (6) preparation of the legal documents that support the Final EIR,
including the Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding
Consideration, if necessary. Each work task to be undertaken is identified and described below.
Task One - Proiect Management/Coordination
Project management will be an integral part of the planning process. As a result, this task will involve
management and coordination of all work to be undertaken to prepare the Draft EIR. In order to
ensure that work associated with the preparation of the Draft EIR is progressing in accordance with the
schedule, meetings as determined necessary will be conducted that include representatives of Keeton
Kreitzer Consulting (KKC), City of Newport Beach, EIR technical consultants, the project applicant
(if desired by the City), and /or other agencies having an interest in the proposed project. Specifically,
this task will accommodate up to six (6) such meetings and will include coordination between the EIR
consultant, City staff, project applicant and /or designated representative, and EIR technical specialists.
In summary, this task will include:
• Management and supervision of the EIR consultant team;
• Coordination of the proposed project and environmental document with the City of
Newport Beach staff to ensure that City policy is incorporated into the Draft EIR;
• Consultation with the City of Newport Beach staff and other responsible agencies as
determined necessary; and
• Attendance at up to six (6) meetings with City staff, project applicant/representative,
and the consultant team.
• Estimated Time Frame: As Required
Estimated Budget: $5,400.00
31
Tack Two - Initial Study /Notice ofRrenaration (NOP) 0
The environmental consultant will prepare an initial study utilizing the City of Newport Beach
environmental assessment form. The purpose of the initial study is two -fold: (I ) to identify those
issues that will be the subject of the analysis contained in the Draft EIR; and (2) to eliminate from
further analysis those environmental issues, if any, where it can be shown that potential impacts
resulting from project implementation will be less than significant. The cursory environmental analysis
included in the initial study will be based on the existing data base, including previous environmental
document, applicable technical studies, and the City's General Plan. Once the initial study is
completed and the environmental determination made, a Notice of Preparation will be prepared by
KKC. The NOP, together with the initial study, will be distributed via certified mail (return receipt)
to all recipients included on a master distribution list established in consultation with City staff as
determined appropriate by the City of Newport Beach. The recipients will include all responsible and
trustee agencies as well as interested organizations and individuals as determined by the EIR consultant
and City.
Estimated Time Frame: 4 Weeks (including 2 week review by City of Newport Beach)
Estimated Budget: $2,980.00
Task Three - Sub - Consultant Studies
Several technical studies will be required to support the environmental analysis contained in the Draft
EIR. Specifically, these technical studies will include: (I ) traffic analysis; (2) acoustical study; and (3)
air quality assessment. A qualified and capable team of sub - consultants has been assembled to
undertake each of these site specific analyses. Each consultant and their respective specialty are
identified below.
Traffic Analysis RKJK U Associates, Inc.
Acoustical Analysis BridgeNet Consulting Services, International
Air Quality Assessment BridgeNet Consulting Services, International
Scopes of work for each of the technical studies are presented in Appendix A, attached to this
proposal.
Estimated Time Frame: 7 Weeks
Estimated Budget: $27,600.00
Task Four - Screencheck ElR
The most significant task to be undertaken as part of the proposed work program is that of preparing
the Draft EIP, A Screencheck EIR will be the precursor to the Draft document and will be submitted
to the City for review and comment prior to the preparation of the Draft EIR. This work effort will
encompass both primary and secondary research to establish the ambient environmental conditions,
understand in detail the environmental impacts associated with the proposed project, evaluate
proposed mitigation measures and /or recommend additional mitigation measures to eliminate or
reduce environmental impacts to an acceptable level.
9a
Although the scope of the Draft EIR will be determined when the initial study (refer to Task Two) is
completed, this proposal assumes that the EIR will address a range of issues based on the location and
complexity of the subject property. Therefore, a complete Draft EIR outline is presented below that
reflects the environmental issues anticipated to be the subject of the environmental analysis contained
In the document, followed by a brief discussion of the information that will be included in each section
of the Draft EIR.
Draft EIR
Table of Contents
Koll Center Newport Draft Elk
General Plan Amendment 97-3/13C Text Amendment
Newport Beach, CA
CHAPTER 1.0 - EXECUTIVE SUMMARY
1.1 Description of the Proposed Project
1.1.1
Project Location
1.1.2
Project Description
1.1.3
Project Phasing
1.1.4
Project Objectives
• 1.2 Alternatives
1.2.1 Summary of Alternatives
1.2.2 Environmental Superior Alternative
1.3 Areas of Controversy
1.4 Issues to be Resolved
1.5 Impact Summary Table
CHAPTER 2.0 - INTRODUCTION
2.1 Purpose of the Draft EIR
2.1.1
Authority
2.1.2
Incorporation by Reference
2.1.3
Intended Uses of the Draft EIR
2.1.4
Related Approvals
2.1.5
Agencies Having jurisdiction
2.1.6
Availability of the Draft EIR
3 '�2
2.2
Methodology
2.2.1 Existing Environmental Setting
2.2.2 Significance Criteria
2.2.3 Project Design Features /Standard Conditions
2.2.4 Environmental Impact Analysis
2.2.5 Mitigation Measures
2.2.6 Level of Significance After Mitigation
2.3
Definitions
CHAPTER 3.0 - PROJECT DESCRIPTION
3.1
Project Location
3.2
Definition of the Project Site
3.3
Environmental Setting
3.4
History and Evolution of the Proposed Project
3.5
Project Description
3.6
Project Phasing
3.7
Project Objectives
CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS
4.1
Solis and Geology
4.2
Drainage /Hydrology
4.3
Traffic and Circulation
4.4
Noise
4.5
Air Quality
4.6
Land Use /Relevant Planning
4.7
Aesthetics
IJ
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4.8 Public Services and Facilities
4.8.1
4.8.2
4.8.3
4.8.4
4.8.5
Police Protection
Fire Protection
Water Facilities and Service
Sewer Facilities and Service
Solid Waste Facilities and Service
CHAPTER 5.0 - CUMULATIVE IMPACTS
5.1 Description of Cumulative Projects
5.2 Cumulative Impacts Analysis
5.2.1
Soils and Geology
5.2.2
Drainage /Hydrology
5.2.3
Traffic and Circulation
5.2.4
Noise
5.2.5
Air Quality
5.2.6
Land Use /Relevant Planning
5.2.7
Aesthetics
5.2.8
Public Services and Facilities
CHAPTER 6.0 - ALTERNATIVES TO THE PROPOSED PROJECT
6.1 Introduction
6. 1.1
Purpose and Scope
6.1.2
Criteria of Alternatives
6.1.3
Identification of Alternatives
6.2 Analysis of Alternatives
6.2.1 No Project Alternative (Existing General Plan/PC Land Uses)
6.2.2 Alternative Location (if appropriate)
6.2.3 Alternative Land Use (if appropriate)
6.2.4 Alternative Design (No Access on MacArthur Boulevard)
6.2.5 Alternative to be Determined
6.3 Summary of Alternatives
6.4 Identification of Environmentally Superior Alternative
CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH
WOULD BE INVOLVED IN THE PROPOSED ACTION SHOULD IT BE
IMPLEMENTED
0 CHAPTER 8.0 - GROWTH- INDUCING IMPACTS
5 4�5
CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES
CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS
CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED
CHAPTER 12.0 - BIBLIOGRAPHY
TECHNICAL APPENDIX
A.
Notice of Preparation /initial Study
B.
Correspondence
C.
Traffic Analysis
D.
Acoustical Analysis
E.
Air Quality Analysis
A summary of the information and analyses to be included in each of the sections identified in the
preceding table of contents is presented below.
1.0 Executive Summary
A summary of the project location, description and objectives will be presented in this section as well
as a summary of the potential impacts, mitigation measures, and unavoidable environmental
consequences, presented in a matrix or table format. This section will also include a brief description
of each alternative (including identification of the "environmentally superior" alternative), a list of
potential areas of controversy, and Issues to be resolved as required by the State CEQA Guidelines.
2.0 Introduction
This introductory section will identify the purpose and scope of the Draft EIR, the contents of the
document, the authority by which it has been required, the agencies having jurisdiction over the
project, and the intended uses of the document (i.e., subsequent discretionary and /or permit
approvals).
3.0 Project Description
A complete description of the project, including its history and evolution (i.e., Koll Center Newport
Planned Community), location, parameters, phasing (if available), and all actions necessary to
implement the proposed project will be presented In this section. The description will include a
narrative component and statistical tables as appropriate to adequately describe the nature, scope and
intensity of the project This section will also include a brief presentation of background information
necessary to provide a context for the applications.
4.0 Environmental Analysis
The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions on
the subject property and in the environs and to identify the potential impacts or consequences that
may result from implementation of the proposed project This section will contain the environmental
0
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analysis for each issue which has been determined to be the subject of the Draft EIR. The extent of
the analysis and documentation for each issue will be identified in the initial study undertaken in Task
Two as well as in NOP comments received from public agencies and interested parties. In some cases,
the discussion will be a summary of a technical study prepared by a member of the applicant's or EIR
consultant's team. In each case where a technical study will be the basis for the environmental analysis
contained in the EIR, the technical report will be condensed to present the existing environmental
conditions, provide an assessment of the potential project - related impacts, and identify /recommend
appropriate mitigation measures to ensure that the environmental consequences are eliminated or
reduced to a less than significant level, if feasible.
It should be noted that a standard format will be employed to analyze each issue identified in this
proposal thoroughly. This format is presented below with a brief discussion of the information
included within each topic.
Existing Environmental Setting
This introductory section describes the existing environmental conditions related to each issue
analyzed in the Draft EIR. In accordance with the State CEQA Guidelines, both the local and
regional settings are discussed as they exist prior to implementation of the proposed project.
This documentation will serve as the baseline upon which the project - related impacts will be
evaluated.
• Significance Criteria
Specific criteria will be identified and presented in this section of the Draft EIR upon which the
significance of the project - related potential impacts are determined. The significance criteria
which are the basis of the environmental analysis contained in the Draft EIR will be derived
from the significant effects presented in Appendix G of the State CEQA Guidelines, adopted
local (i.e., City of Newport Beach, County of Orange, etc.), State and/or federal policies and
programs that may apply; and other commonly accepted technical and non - technical standards
determined to be appropriate by the lead agency (i.e., City of Newport Beach).
Project Design Features /Standard Conditions
This section of the document will identify specific project design features (PDF) that will be
incorporated into the proposed project that are intended to pre -empt project - related impacts
(e.g., incorporation of mature landscaping, etc.) by the applicant as well as standard conditions
(SC) that are typically imposed by regulatory agencies (e.g., adherence to the Uniform
Building Code) on development in order to ensure safety and minimize adverse environmental
effects. The discussion of potential environmental impacts in Chapter 4 will reflect the
Incorporation of any PDFs and SCs included this section.
Environmental Impact Analysis
The environmental analysis for each issue which has been determined to be the subject of the
Draft EIR is contained in this section of the document. The extent of the analysis and
documentation for each issue will be identified in the initial study (refer to Task Two). In
some cases, as previously indicated, the discussion will be a summary of a technical study
prepared by the EIR consultant's project team. In such case, the technical report will be
31
condensed to present the existing environmental conditions, provide an assessment of the
potential project - related impacts, and identify /recommend appropriate mitigation measures
to ensure that the environmental consequences are eliminated or reduced to a less than
significant level, if feasible. All project - related impacts, including those associated with all
phases of the proposed project, will be clearly and adequately analyzed in accordance with the
both City and State CEQA Guidelines. It should be noted that any previous land use studies
and /or other technical documentation prepared by /for the applicant and /or City of Newport
Beach will be utilized to the extent it is applicable to the proposed project. In order to
facilitate the impact analysis, the following outline will be utilized in preparing the project -
related environmental analysis.
Potential Effects of the Project Found to be Insignificant
Short- Term /Construction Impacts
Long -Tenn /Operational Impacts
Potential Effects of the Project Found to be Significant
Short- Term /Construction Impacts
Long -Term /Operational Impacts
Mitigation Measures
Where a potential significant environmental effect has been identified based on the criteria
identified in analysis and that impact cannot be avoided, mitigation measures will be identified
and included in this section of the document which "... minimize significant adverse impacts ...
for each significant environmental effect identified in the Elk", as prescribed in the State CEQA
Guidelines.
Level of Significance after Mitigation
Unavoidable significant adverse impacts are those effects that either cannot be mitigated or
they remain significant even after mitigation is incorporated into the proposed project. These
significant effects will be identified in this section of the Draft EIR. Prior to approval of the
proposed project, the Newport Beach City Council will be required to adopt a Statement of
Overriding Considerations that identifies and describes the public benefit(s) associated with
project implementation that offset the significant impacts.
5.0 Cumulative Impacts
This section of the Draft EIR will focus on other projects that are proposed or approved in the project
environs that would create demands on servicing agencies and affect the ability of those agencies to
continue to provide an adequate level of service. The City of Newport Beach will Identify any projects
that have been proposed or are approved in the vicinity of the proposed project within its jurisdiction
based on the criteria developed by the City. In addition, the environmental consultant will query
adjacent jurisdictions (e.g., City of Irvine, County of Orange, etc.) in an effort to identify additional
projects in the vicinity of the subject property, also based on the City's criteria. These projects will
be evaluated with the proposed project to determine project - related cumulative impacts. Specific
8 3�
focus of the cumulative analysis will be traffic, noise, and air quality. This section of the Draft EIR will
also provide a discussion of these cumulative projects and their potential impacts on the several issues
analyzed in Chapter 4.0 of the document.
6.0 Alternatives to the Proposed Project
Chapter 6.0 will provide a qualitative and quantitative impact analysis of the alternatives identified by
the City of Newport Beach. Several potential alternatives have been identified in the proposed Table
of Contents presented above; however, the type and number of alternatives to be analyzed in this
Chapter of the Draft EIR will be determined through discussions with the City of Newport Beach staff.
The alternatives that will be identified and included for analysis will be those that are determined to
be feasible and are capable of achieving (some of) the goals of the applicant. It will be necessary to
evaluate the "No Project" Alternative (i.e., e)asting General Plan /Koll Center Newport PC land uses),
among others.
7.0 Significant Irretrievable Environmental Changes Which Would Be Involved in the Proposed
Action Should It Be Implemented
Those impacts which cannot be avoided, even with the implementation of mitigation measures, will
be identified and summarized from the discussions contained in Chapter 4.0.
8.0 Growth - inducing Impacts
. The manner in which the project could foster economic and /or population growth, either directly or
indirectly, in the surrounding area will be thoroughly discussed. Specifically, the characteristics of the
project which may encourage and facilitate such other development activities that could significantly
affect the environment, either individually or cumulatively, will also be discussed in this chapter and
their potential effects identified.
9.0 Inventory of Mitigation Measures
This chapter of the document will include a comprehensive listing of the mitigation measures that will
be required as a result of project implementation. This listing of mitigation measures will be used to
create the mitigation monitoring and reporting program that will stipulate the timing and responsibility
for each mitigation measure.
10.0 Inventory of Unavoidable Significant Adverse Impacts
A comprehensive listing of the potential unavoidable adverse impacts (i.e., those that cannot be
mitigated to a less than significant level) that are anticipated as a result of project implementation will
be presented in this section of the Draft EIR. In addition, cumulative impacts that are significant and
unavoidable will also be identified and listed.
11.0 Organizations and Persons Consulted
A comprehensive listing of each individual and the organization with which the individual is associated
will be included in this Chapter of the Draft EIR to document the source of the information utilized
• in the environmental analysis.
9 '�q
12.0 Bibliography •
Each document used as a reference or source of information will also be identified and presented in
the Bibliography which will serve as a reference to those reviewing the Draft EIR. Pursuant to current
CEQA requirements, the location(s) where each of the bibliographic references are maintained will
be identified in this chapter to facilitate the review should the reference materials be needed.
Upon completion of the Screencheck EIR, the EIR consultant will print ten (10) copies of the
document and submit them to the Newport Beach Planning Department for review and comment.
Estimated Time Frame: 10 Weeks
Estimated Budget: $17,900.00
Task Fb - Draft EIR
All comments on the information and analysis contained in the Screencheck EIR made by City staff
during their review will be forwarded to the EIR consultant for incorporation into the Draft EIR. It
is anticipated that the City's review will be completed within a two -week period. The City will review
the document to ensure that the information contained within it is adequate and complete before the
Draft EIR is printed and distributed. A total of fifty (50) copies of the Draft EIR will be printed once
it is approved by the City's Planning Department staff. Once released by City staff, the environmental
consultant will distribute the Draft EIR with the Notice of Completion (NOC) for a 45 -day public
review and comment period. The document will be mailed via certified mail (return receipt) to the .
entities identified on the master distribution list that also received the NOP.
Estimated Time Frame: 4 Weeks
Estimated Budget: $3,420.00
Task Six - ReMonse to Public Comments
At the end of the State- mandated 45 -day public review period, all comments received by the City
from local, State and other responsible agencies and interested parties will be forwarded to the EIR
consultant. Each comment will be addressed as It relates to the adequacy of the Draft EIR. An
appendix to the Draft EIR will be prepared that Includes a fisting of each agency /individual commenting
on the Draft EIR, the correspondence received from the commentator, and the responses prepared
for each comment. The responses to public comments will be submitted to the Newport Beach
Planning Department for distribution with the Staff Report to the Planning Commission. In addition,
the EIR consultant will be responsible for distributing individual responses to public comment to the
commentors no later than 10 days prior to the City Council hearing at which the EIR will be certified.
Estimated Time Frame: 4 Weeks
Estimated Budget: $4,160.00
0
10 //d
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Task Seven - Final EIR
The Final EIR will consist of the response to comments appendix and all necessary testimony and
minutes of the public hearings. If necessary, the Final ElRwill include "redline /strikeout" revisions that
reflect changes resulting from comments received during the public review and comment period. In
addition, the Mitigation Monitoring and Reporting Program will also be appended to the Final EIR.
A total of twenty-five (25) copies of the Final EIR will be printed and submitted to the Newport Beach
Planning Department.
Estimated Time Frame: 2 Weeks
Estimated Budget: $1,780.00
Task Eight Mitigation Monitoring Program /Findlnes /Statement of Overriding Considerations
KKC will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the proposed
project. This document will be presented to the City of Newport Beach and will identify each
mitigation measure to be carried out if the project is implemented, the entity that will be responsible
for implementing the mitigation measure(s), and when each measure will be implemented. The MMRP
will be presented in a form that is acceptable to the City of Newport Beach. In addition to the MMRP,
the El consultant will also be responsible for preparing the Findings of Fact, Statement of Overriding
Considerations (if determined necessary), and Notice of Determination (with De Minimis Findings).
Estimated Time Frame: 4 Weeks
Estimated Budget: $3,280.00
Task Nine - Public Hearings
The EIR consultant will attend all public hearings, including those of the Newport Beach Planning
Commission and City Council. The estimated budget proposed for this task will accommodate up to
four (4) hearings, including two (2) before the Planning Commission and two (2) before the City
Council. The Project Manager will attend each and be responsible for making all presentations and
responding to questions raised during the public hearings. Should additional hearings be required, they
will be charged at the appropriate hourly rate.
Estimated Time Frame: As Required
Estimated Budget: $1,680.00
PRO)ECTSCHEDULE
The scope of services through Task Four (i.e., submittal of the Screencheck EIR) presented in this
proposal can be accomplished in approximately 12 weeks from issuance of the Notice to Proceed.
This schedule is presented below.
11 /'
Project Schedule
Koll Center Newport Draft EIR
General Plan Amendment/PC Text Amendment
Newport Beach, CA
Task
I Project Management
2 Initial Study /Notice of Preparation
3 Sub Consultant Studies
4 Screencheck EIR
5 Draft EIR
6 Response to Comments
7 Final EIR
8 Mitigation Monitoring Program /Findings
9 Public Hearings
IV. ESTIMATED BUDGET
Schedule
As Required
4 Weeks
7 Weeks
10 Weeks (including 7
Weeks in Task 3)
4 Weeks
4 Weeks
2 Weeks
4 Weeks
As Required
The scope of services and work project described In Section 11 of this proposal will be undertaken and
completed for a fee of $68.200.00, not Including printing and reproduction. This fee includes
project management, preparation of several technical studies, the environmental impact analysis
(including the Draft and Final EIRs), and attendance at public hearings. In addition to the professional
fees identified above, a fee of $6,250.00 has been estimated to be necessary for printing and
reproduction. The total estimated budget, including printing and reproduction is $74,450.00.
0
0
12
y�
'Maximum Budget. Includes preparation of the Traffic Analysis ($12,600.00), AFA
modeling support ($1,500.00), and City of Irvine intersection analysis, if determined necessary
($5,800.00).
2Estimated Budget. A revised budget will be prepared, if necessary, upon a thorough
review of all public comments received during the 45 -day public review period.
i'Estimated Budget. Subject to revision based on actual printing and reproduction
requirements.
13 q3
Estimated Budget
•
Koll Center Newport Draft EIR
General Plan Amendment/PC Text Amendment
Newport Beach, CA
Task
Estimated Budget
1
Project Management
$ 51400.00
2
Initial Study /Notice of Preparation
2,980.00
3
Sub - Consultant Studies
$ 27,600.00
Traffic Analysis
( 21,300.00)'
Acoustical Analysis
( 2,800.00)
Air Quality Assessment
( 3,500.00)
4
Screencheck EIR
17,900.00
5
Draft EIR
3,420.00
6
Response to Comments
41160.002
7
Final EIR
1,780.00
8
Mitigation Monitoring Program /Findings
3,280.00
9
Public Hearings
1,680.00
Sub -Total Professional Fees
$ 681200.00
Printing and Reproduction
$ 5,500.00'
Initial Study (50 Copies)
( 500.00)
Screencheck Draft EIR (10 Copies)
( 500.00)
Draft EIR (50 Copies)
( 3,000.00)
Final EIR (25 Copies)
( 1,500.00)
'Maximum Budget. Includes preparation of the Traffic Analysis ($12,600.00), AFA
modeling support ($1,500.00), and City of Irvine intersection analysis, if determined necessary
($5,800.00).
2Estimated Budget. A revised budget will be prepared, if necessary, upon a thorough
review of all public comments received during the 45 -day public review period.
i'Estimated Budget. Subject to revision based on actual printing and reproduction
requirements.
13 q3
Estimated Budget
(Continued) .
Task Estimated Budget
Miscellaneous (Postage and Supplies) $ 750.00
Certified Mail for NOP and Draft EIR ( 500.00)
Supplies ( 250.00)
Sub -Total Printing and Miscellaneous $ 6,250.00
TOTAL ESTIMATED BUDGET $ 74,450.00
The estimated budget identifies all of the costs anticipated to prepare the Draft Elk as discussed with
the City. However, some of the fees are estimates only, including project management, response to
public comments, attendance at public hearings, and printing costs. Should it be determined that
additional efforts are required that were not anticipated and /or that exceed the total estimated budget
stipulated above, the City of Newport Beach will be notified in writing Immediately and a supplemental
budget proposed and approved to undertake the additional work efforts. The fees estimated for any
additional work efforts are identified below.
Public Hearings $105.00 /Hour
Project Management $90.00 /Hour
Response to Comments $60.00 - $75.00/Hour'
Printing and Reproduction /Delivery Cost + 10%
A detailed estimated budget is presented in Appendix B that reflects all of the costs anticipated for
each work task, including personhours, hourly rates, and materials.
V. 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 is currently managing the preparation of several environmental documents, including
those for the Newport Banning Ranch Local Coastal Program In the County of Orange, West Coyote
Hills In the City of Fullerton, the Emery Ranch residential development plans in the Cities of La Mirada
and Fullerton, and for a Redevelopment Project Area In the City of Bell Gardens.
Mr. Kreitzer will be assisted in the preparation of the Draft EIR by Mr. Thom Ryan. Mr. Ryan is also
a land use and environmental planner who has over 20 years of experience in the preparation of
environmental planning documents throughout southern California. Together, Messrs. Kreitzer and
Ryan have an impressive array of experience and both understand CEQA and the importance of the
environmental review process.
41 necessary, this estimated budget will be negotiated after review of all comments received
during the 45 -day public review period to determine if it Is adequate.
14 y4
L1
As indicated in the scope of work several subconsultants will also provide technical support in the
preparation of the Draft EIR. These technical specialists include:
Technical Stud v Consultant Project Manager
Traffic Analysis RKJK Si Associates, Inc. John Kain, AICP
Acoustical Analysis BCS International, Inc. Paul Dunholter
Air Quality Analysis BCS International, Inc. Paul Dunholter
VI. RESPONSIBILITY OF PROJECT APPLICANT AND /OR CITY OF NEWPORT BEACH
The following information shall be provided to KKC in order to complete the analysis described in this
proposal.
All previous environmental documents prepared for the subject property.
2. All technical analyses, if available, prepared for the applicant and /or City, including,
but not limited to: (1) soils and geology; (2) hydrology and engineering; (3)
infrastructure assessment; and (3) Phase I and (if necessary) Phase II Assessments.
3. A large -scale topographic map (i.e., 1" = 100') of the subject property (in
reproducible form).
4. Map of the study area that includes topographic information.
S. Aerial photograph, if available.
6. A complete project description, including: a statistical summary of the proposed
project, related discretionary actions (e.g., General Plan Amendment, etc.),
development phasing, project objectives, etc.
7. A large scale site plan with supporting information, including grading plan, landscape
plan, etc.
8. Visual cross - sections of the proposed parking and professional office structures along
MacArthur Boulevard and Jamboree Boulevard (parking structure only)..
9. The Newport Beach General Plan and Koll Center Newport Planned Community
District Regulations.
10. Listing of agencies and /or organizations providing public services and utilities within the
City of Newport Beach and, in particular, the project environs.
15 q5
VII. STATEMENT OF OFFER/TERMS OF AGREEMENT
The E1R consultant and technical consultants identified in this proposal are prepared to begin work on
the Draft EIR for the Koll Center Newport General Plan Amendment 97 -3 /Planned Community Text
Amendment 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 possible.
We shall perform all work described in this proposal for an estimated budget of $68,200.00. in
addition, a printing and reproduction budget of $6,250.00 has been estimated for the proposed
project. A total estimated budget of $74,450.00 includes professional fees, the specialized technical
studies stipulated in Task Three, and printing and reproduction. This offer is valid for a period of sixty
(60) days. It should be emphasized that these costs are based upon the 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 estimated budget
accordingly.
Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, is the individual authorized to bind the
offer made above to the City of Newport Beach.
Offer Presented By:
n K. Kreitzer, Principal
KEETON KREITZER CONSUL I G
Date: November 27, 1998
is
16
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0
Appendix A
Scopes of Work - Technical Studies
uI
Sent by:RKJK Nov -25-98 09:42am from 9999790902 *999 756 2207 ea9e 1
RKIK & ASSOCI
November 25, 1998 - y
Mr. Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
17910 Sky Park Circle, Suite 108
Irvine, CA 92614
resrJtt• Fax Noto 7671
0o%i,7AAR 14-lp
To �l -:It
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From
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Fax , a+`1A1
Subject: Koll Center Newport Traffic Study
Dear Mr. Kreitzer:
INTRODUCTION
The firm of RKJK & ASSOCIATES, INC. (RKJK) is pleased to submit this proposed
Agreement to provide a traffic study for the requested General Plan Amendment to
increase the office entitlements of Koll Center Newport Office Site B by 250,000
gross square feet. Two parking structures are proposed to accommodate the new
requirement and displacement of existing parking. One parking structure would
replace the existing structure located behind the 4000 MacArthur twin 10 -story
towers. The applicant Is requesting that the proposed 250,000 square feet of new
office entitlements be partially offset by the conversion of approximately 9,470 square
feet of restaurant and 10,000 square feet of retail uses that are undeveloped and
permitted by the KCN P.C. Text.
The traffic study would provide a Traffic Phasing Ordinance (TPO) short -range
cumulative development analysis and General Plan build -out analysis of the proposed
project to identify potential mitigation requirements to meet both short-range
requirements and build-out issues related to a General Plan Amendment. The traffic
study would be based upon peak hour traffic data provided by City staff as well as
traffic modeling work provided by Austin -Foust Associates (AFA). The traffic study
would review the following conditions:
• Build -Out (for existing General Plan)
• Build -Out (for existing General Plan plus Project)
• Build -Out (for existing + project + pending general plan amendments)
• Short-Range Ifor existing + committed projects)
• Short -Range (for existing + committed projects + projectl
• Short -Range (for existing + committed projects + pending projects +
project)
iRANSVOrIA110N PLANNING • GIS • TRAFFIr'JACOUSI'ICAL EiJCINECRINCi
160) 1 Dove Street, Suite 290 • Newport Beach, CA 92660 • Phone: (944) 474 -0009 • Fax: (949) 474.0902
•
0
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I
I 1�I uI - nn In
Nov -25 -98 09:428n from 9494740902 *949 756 2207 page 2
Mr. Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
November 25, 1996
Page 2
RKJK would accumulate traffic information available from existing City and AFA
sources. This Information will be documented into a traffic report for the City of
Newport Beach.
The following Scope of Work is proposed by RKJK for this initial study effort:
1. Discuss the project with representatives of the City (and the applicant if
directed by the City).
2. Meet with City staff and Austin -Foust Associates, Inc. to review data in the
short -range and build -out traffic forecasts.
3. Field review and verify intersection approach lane data for all study area
intersections.
4. Review short-range traffic projections and levels of service with and without
the project.
5. Identify potential capacity deficiencies (under TPO criteria) for short -range
conditions.
6. Show build -out traffic projections and levels of service with and without the
project.
7. Identify potential capacity deficiencies for build -out conditions.
B. Provide mitigation measures for locations where deficiencies are identified
(under terms of either the current TPO or the pending revised TPO) for both
short -term and build -out conditions.
9. Identify project description refinements (if necessary) that could avoid triggering
unfeasible mitigation requirements (for both short -term and long -term
conditions).
10. Develop project recommendations and summary of the mitigation /project
refinement program.
qi
No. -25 -98 09:43,, from 9494740902 *949 756
2207 •age 3
Mr. Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
November 25, 1998
Page 3
11. Evaluate two project access scenarios and internal circulation features of the
proposed project.
12. Summarize the results of the study in a traffic impact analysis report.
13. Respond to comments regarding the draft report.
14. If necessary, analyze potential project traffic impacts at intersections in the City
of Irvine for long range future conditions at up to six (6) locations.
PROFESSIONAL FEES
The fee for the work outlined in this proposal Is based upon personnel charges plus
direct expenses as indicated in the attached Exhibit A. The estimated fee to
accomplish the above Scope of Work is $14,000.00 for RKJK Tasks 1 to 13 and
41,500.00 for AFA modeling support. The total fee adds to an amount of
$15,500.00 for Tasks 1 to 13.
The Irvine analysis (if needed; could be accomplished for an additional $5,800 (Task
14 above). The total effort would then add to an amount of $21,300.00 if the Irvine
intersection analysis is also included.
Four copies (three bound and one original for the client's use) of the project report
would be prepared. Monthly billings from RKJK will be based upon the attached
Exhibit A - BILLING RATES FOR RKJK & ASSOCIATES, INC..
The proposed fee includes attendance at up to four 14) meetings with the
client/representatives. If additional meetings are required and requested, RKJK would
be pleased to attend these meetings and billing would be based upon the billing rates
included in Exhibit A.
ru[&F41F..Pg
It is estimated that the Koll Center Newport traffic study will take approximately 20
working days to complete from the date of authorization and receipt of data essential
for the study. Additionally, any delays resulting from circumstances beyond our
control, such as availability of modeling data, shall extend the time schedule.
9
. u a-ZG -90 09:43an fro- 99997909029999 756 2207
Mr. Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
November 25, 1998
Page 4
QUALIFICATIONS
RKJK & ASSOCIATES, INC. is located in Newport Beach, California and specializes
in transportation planning and trafficlacoustical engineering for governmental agencies
and the business community. The firm principals and associates have over 100 years
of combined engineering and planning experience throughout Southern California at
the regional, local and individual project levels. The experience of the firm's personnel
in transportation planning and traffic /acoustical engineering provides the special skills
necessary for determining practical and meaningful traffic solutions.
This letter can serve as a Memorandum of Agreement and our authorization to
proceed. Please sign one copy and return it to us for our files. We are looking
forward to serving you on this project. This proposal is valid for sixty days, if signed
by the client. If you have any questions regarding this proposal, please do not
hesitate to give me a call at (949) 474 -0809.
Respectfully submitted,
RKJK & ASSOCIATES, INC.
h Kain, AICP
ipal
JK:kgd /9034
JNA 101 -98 -03
Attachments
xc: Rich Edmonston, CITY OF NEWPORT BEACH
CONTRACT APPROVAL:
Approved by:
Title:
Firm:
Date:
r �
♦tJ
KEETON KREITZER CONSULTING
rage 4, 5
J
h0' -25 -98 09 :43.1 froh 9494740902 *949 756 2207
Page 5/ $
EXHIBIT A
BILLING RATES FOR RKJK R ASSOCIATES, INC.
re
MM
The Consultants Billing rates tot services are as follows:
Principal $ 110.00
Senior Associate $ 85.00
Associate $ 80.00
Senior Engineer /Planner $ 70.00
Engineer /Planner $ 60.00
Assistant Engineer/Planner $50-00
Engineering Technician IV
$ 45.00
Engineering Technician 111
$ 35.00
Engineering Technician 11
$ 30.00
Engineering Technician I
$ 25.00
Administrative Assistant
$ 35.00
Administrative Aide
$ 30.00
Clerical Aide
$ 25.00
General
(1) Reimbursable direct costs. such as reproduction. supplies. messenger service, king - distance
telephone calls, and traffic counts will be billed at cost.
(2) Hourly rates apply to work time, travel time and time spent at public hearings and meetings.
For overtime work and public meetings, the above rates may be increased 50 percent.
(3) Client payment for professional services is not contingent upon the client receiving payment
from other parties.
14) Billing statements for work will be submitted monthly. Statements are payable within thirty
130) days of the receipt by client of statement. Any statement unpaid after thirty (30) days
shall be subject to interest at the maximum permitted by law.
September 11, 1998 (With requested revisions for this job)
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A S 1 0
November 24, 1998
Mr. Keeton K. Kreimer
Principal
KEETON KREITZER CONSULTING
17910 Sky Park Circle, Suite log
Irvine, California 92614
Consulting (714) 540-
3256
SUBJECT: PROPOSAL TO CONDUCT NOISE & AIR QUALITY ASSESSMENT
ON KOLL CENTER NEWPORT, CITY OF NEWPORT BEACH
Dear Keeton;
BridgeNet Consulting Services, International is pleased to submit this proposal to conduct the
noise and air quality studies for the EIR on the Koll Center Newport GPA in the City of
Newport Beach. We propose to do this study on a time and materials basis at a cost not to
exceed 6,300 dollars (Noise $2,800 & Air Quality $3,500). The above costs include the
assessment of two development alternatives (one development alternative includes access on
both Jamboree and Mac Arthur) and the no project alternative. The study will address
requirements relative to the City of Newport Beach. This cost is based upon an hourly rate of
$125 dollars per hour for registered professional engineer and $85 dollars per hour for staff
engineer. This cost includes all manpower, computer, and overhead expenses associated with
completing this project as well as questions or comments. The above costs do not include
attendance at any hearings, but can be accommodated at this hourly rate if desired. The
proposed scope of work for this project is presented in the following page.
Thank you for the opportunity to present to you this proposal. Ifyou have any questions,
please do not hesitate to call.
Yours Very Truly,
Brid wet Consulting Services, International
1
By :L
Paul H. Dunholter, P.E.
President
6 RIORENE7 CONSULTING SERVICES 3151 AIRWAY AVE. SOM0160 P -$ COSTA MESA. CA 87676
7 E (7 141 540.5120 FAN (714) 540.3303 E -MAIL SALE SOAIRPORTRETWORR.COM WWW.A[n PORTHETWORK.COM
P-2
53
--- --,Ov "dgeNet Consulting (714) 540 -3156
P.3
KOLL CENTER NEWPORT BEACH
NOISE ASSESSMENT - SCOPE OF WORK
TASK I - EXISTING SETTING. The existing setting will be described through a modeling
assessment ofexisting noise soumcem The noise modeling analysis will be designed to quantity
the existing noise exposure at the adjacent noise sensitive land uses relative to existing tragic
levels. Traffic noise levels will be determined utilizing the FHWA Highway Noise Prediction
Model. Noise contours will be determined in terms of the CNEL (Community, Noise
Equivalent Level) noise scale for the nearby roadways and those roadways that will carry
project generated traffic. The CNEL scale is used by the County of Orange, the City of
Newport Beach and the State of California in assessing noise and land use compatl)94
*acts. The analysis will address the City ofNewport Beach noise standards.
TASK 2 - NOISE IMPACTS ON ADJACENT LAND USES. An important part of a noise
analysis is determining the impacts on noise sensitive land uses. This would include residential
land uses, schools and hospitals that are near the project or situated along access streets to the
project. The analysis will address both sbort-term and long -term noise impacts. Short-term
impacts of the project include construction activities. Long -term impacts inchnde impacts
from increased traffic noise on roadways that carry project related traffic and activities on the
Koll Center site itself
Z.I Short Term Noise Impacts Short-term noise impacts such as those associated
with construction activities will be described based on the type of equipment that
will be used for the construction of this project. Hours of construction and the
estimated construction duration will be presented. Construction impacts Will
include the developments on the project site, including the demolition of the existing
parking structure.
22 Impacts from Project Generated Tmffla The noise impacts from project
generated traffic will be assessed in term of immease in the noise levels on land ruses
that are adjacent to roadways that will carry project related traffic. The noise levels
for with and without the proposed project will be determined, and any k=m will
be quanarwd, and compared with applicable noise assessment criteria. These will
be determined for the streets analyzed witbm the EIR.
Z.3 Impacts from On -Site DevdopmearL The potential impacts from noise as a
result of development on the Koll Center Newport site itself will be addressed. This
will include noise from mechanical equipment and parking structure activities at
commercial developnvntm Compliance relative to the City of Newport Beach
Noise Ordinances will be iddrtffied.
11
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ariogeNet Consulting (7141 540 -3156
P.6
TASK 3 - MITIGATION MEASURES. Mitigation measures will be developed as
indicated by the impact analysis. These measures may include dust control measures and
vehicle miles traveled reduction measures.
5S
-�.�ap nriageNet Consulting (714)
540 -3156 P-5
KOLL CENTER NEWPORT BEACH
AIR QUALITY ASSESSMENT - SCOPE OF WORK
TASK 1 - EXISTING AIR QUALITY ENVIRONMENT. The existing air environment
will be described in terms of meteorology, local topography affecting pollutant dispersion, and
ambient air monitoring data. A summary of current air management eHbrts, which may be
related to the proposed project, will be provided. Sensitive receptor areas within the project
vicinity will be identified. The Caline Model, developed by the CaMmia Department of
Transportation, will be used to establish baseline carbon monoxide levels in the vicinity of the
project.
TASK 2 - POTENTIAL AIR QUALITY
The air quality impacts of the proposed project can be divided into the short term dust
generation, local air impacts, and regional impacts.
2.1 Constracdon Impacts. Short-term dust and emission generation due
construction activities will be forecasted Measures to reduce dust generation
are required by the South Coast Air Quality Management District, and will
be discussed in detail.
22 Regional Impacts. Long term emissions will be generated due to
increased traffic the combustion of natural gas, and the generation of
electricity. The emissions generated by these sources will be assessed for the
project. These emissions will be compared to regional aid sub - regional
emission to assess the potential for regional air quality impacts_ The primary
regional air - planning document is the "Air Quality Management Plan," and a
discussion of the project's consistency with the plan will also be provided.
23 .Local Air Impacts Calince a computer model developed by the
California Department of Transportation, will be used to assess local
pollutant concentrations along major roadways new sensitive areas. The
model will be used to assess on -site pollutant levels. Analysis will be
conducted to insure that activities associated with the project will be
consistent with the art levels generated by the nearby major roadways.
Additionally, the Cam model will be used to assess potential impact areas.
The intersections local to the project may experience a substantial traffic
increase due to the projecL The resulting air quality levels at the intersections
win be analyzed to determine the potential impact of the project. An
estimated two intersections will be modeled (for with and without the
additional access on MacArthur Boukvard)
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(714) 540 -3156 P.4
TASK 3 - COMPATIBILITY OF THE PROPOSED PROJECT WITH FUTURE
NOISE LEVELS. Ultimate noise levels on the project site will be determined for the traffic
noise sources and commercial development. The analysis will include an assessment of the
compatibility of the proposed'uses with the projected noise levels. The analysis will include an
assessment relative to the CNEL criterion.
TASK 4 - DEVELOP MITIGATION MEASURES. Mitigation measures to minimize any
potential noise impact of the proposed project will be developed. These measures may
include site design, mechanical equipment siting, and indoor /outdoor building noise reduction.
57
Appendix B
Estimated Budget - Cost Summary
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ACHOR
Oealey, Renton & Associates
fiLeense #Centre9
utton Centre Suite 450
nh Ana CA 92707
INSURED
Robert Bein, William Frost and Associates
14725 Alton Parkway
Irvine CA 92713
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CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
11/30/98
COMPANIES AFFORDING COVERAGE
Lloyds /Other London insur
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UM,ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................. ..............................................................
T ICY EFFECTIVE 'POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER UNITS
(MMNDNY) DATE (MM,DDNY)
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
.,..,.,o.......; ..........
CLAIMS MADE OCCUR.
.. ' OWNERS & CONTRACTORS PROT.
ADBLE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NOWOWNED AUTOS
GARAGE LIABILITY
iEXCESS LIABILITY
.......: UMBRELLA FORM
i........: OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
..... i ... ............................... .. .....
OTHER
A Professional Liability
........ .............. ..
P00433098
OF NEWPORT BEACH
'A7RICIA TEMPLE, PLAH.DIR.
lox 1766
ORT BEACH CA 926566915
GENERAL AGGREGATE :i
PRODUCTSCOMPNP AGO. :i
................... ...........................:...
PERSONAL & ADV. INJURY :i
EACH OCCURRENCE .i
............... ............................... ..
FIRE DAMAGE (Any ore fire) i
MED. EXPENSE (Amy a pe,W).$
................... ...........................:...
COMBINED SINGLE a _
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:EACH OCCURRENCE :i
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.. ....
AGGREGATE :i
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XKZKXMZXV000OOL
MAIL 30 - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,
0
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this day of May, 1999, by and between
CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to as
"City "), and Keeton Kreitzer Consulting whose address is 17910 Sky Park Circle, Suite
108, Irvine, California, 92614, (hereinafter referred to as "Consultant'), 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 desires to engage Consultant to provide project management and
staff services upon the terms and conditions contained in this Agreement.
C. The principal member of Consultant is, for purpose of this Project, Keeton
Kreitzer.
D. City has solicited and received a proposal from Consultant, has reviewed
the previous experience and evaluated the expertise of Consultant, and
desires to contract with Consultant under the terms of conditions provided
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 17th day of May, 1999, and
shall terminate on the 17th day of May, 2000, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A" attached hereto and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of
this Section and the scheduled billing rates, attached hereto as Exhibit "B" and
incorporated herein by reference. No rate changes shall be made during the term of
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this Agreement without prior written approval of City. Consultant's compensation for all
work performed in accordance with this Agreement shall not exceed the total contract
price of Seventy -four thousand, four hundred, fifty dollars ($74,450). The Planning
Director shall have the authority to authorized work beyond this amount, not to exceed
an additional 10 %.
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis and all approved incidental expenses including reproductions,
computer printing, postage and mileage.
3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice subject to the approval of City.
3.3 Consultant shall not receive any compensation for extra work without prior
written authorization of City. Any authorized compensation shall be paid in accordance
with Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which
have been specifically approved in this Agreement, or specifically approved in advance
by City. Such cost shall be limited and shall include nothing more than the following
costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the services
which Consultant agrees to render pursuant to this Agreement which have
been approved in advance by City and awarded in accordance with the
terms and conditions of this Agreement.
B. Approved computer data processing and reproduction charges.
C. 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.
3.5 Notwithstanding any other paragraph or provision of this Agreement,
beginning on the effective date of this Agreement, City may withhold payment of ten
percent (10 %) of each approved payment as approved retention until all services under
this Agreement have been substantially completed.
4. STANDARD OF CARE
4.1 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 the 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. Consultant
2
615,
represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents
and warrants that it shall keep in effect all such licenses, permits and other approvals
during the term of this Agreement.
4.2 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, or any other delays beyond Consultant's
control or without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an 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 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 details in means of performing the work provided that Consultant is compliance
with the terms of this Agreement. Anything in this Agreement which may appear to
give City the right to direct Consultant as to the details of the performance of the
services or to exercise a measure of control over Consultant shall mean that Consultant
shall follow the desires of City only with respect to the results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the Project.
7. PROJECT MANAGER
Consultant shall assign the Project to 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 Project term. Consultant has designated Keeton Kreitzer to be its
Project Manager. Consultant shall not bill any personnel to the Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel,
without City's prior written approval by name and specific hourly billing rate. Consultant
shall not remove or reassign any personnel designated in this Section or assign any
new or replacement person to the Project without the prior written consent of City. City's
approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
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.
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Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement
and the services shall be performed by Consultant in accordance with Exhibit A. The
failure by Consultant to strictly adhere to the schedule, may result in termination of this
Agreement by City, and the assessment of damages against Consultant for delay.
Notwithstanding the foregoing, Consultant shall not be responsible for delays which are
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.
8.1 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 which purportedly causes a delay, and not later than the date upon
which performance is due. The Project Administrator shall review all such requests and
may grant reasonable time extensions for unforeseeable delays, which are beyond
Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
either telephone, fax, hand delivery or mail.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order
to ensure that the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state
and federal law, regulations and permit requirements and be subject to approval of the
Project Administrator and City.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
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12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages
of any nature whatsoever, including, but not limited to, bodily injury, death, personal
injury, property damages, or any other claims arising from any and all acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement. This indemnity shall apply
even in the event of negligence of City, or its employees, or other contractors, excepting
only the sole negligence or willful misconduct of City, its officers or employees, and shall
include attorneys' fees and all other costs incurred in defending any such claim.
Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees
in any action on or to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement
of work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must
be filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured
for all liability arising from Consultant's services as described herein.
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 Bests Key
Rating Guide: unless otherwise approved by the City Risk Manager.
A. Worker's compensation insurance covering all employees and principals
of Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal
injury and property damage. If commercial general liability insurance or
other form with a general aggregate is used, either the general aggregate
shall apply separately to this Project, or the general aggregate limit shall
be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
5
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. 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.
Consultant agrees that, in the event of loss due to any of the perils for which it
has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein,
a waiver of any right of subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any for the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
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, shall
be construed as an assignment of this Agreement. 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.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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.
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Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Access to, and upon request of Consultant, one copy of all existing record
information on file at City. Consultant shall be entitled to rely upon the
accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Blueprinting, CADD plotting, copying and other services through City's
reproduction company for each of the required submittals. Consultant will
be required to coordinate the required submittals with City's reproduction
company. All other reproduction will be the responsibility of Consultant
and as defined above. 01
18. ADMINISTRATION
This Agreement will be administered by the Planning Department. Patricia
Temple shall be considered the Project Administrator and shall have the authority 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.
19. 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. All such records shall
be clearly identifiable. Consultant shall allow a representative of City to examine, audit
and make transcripts or copies of such records during normal 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 under this Agreement.
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20. WITHHOLDINGS
City may withhold payment 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 designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of seven
percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
21. ERRORS AND OMISSIONS
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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant,
the additional expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with the Project.
23. CONFLICTS OF INTEREST
A. 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 financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits
such persons from making, or participating in making decisions that will
foreseeably financially affect such interest.
B. 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
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.
24. SUBCONSULTANT AND ASSIGNMENT
A. Except as specifically authorized under this Agreement, the services
included in this Agreement shall not be assigned, transferred, contracted
or subcontracted without prior written approval of City.
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25. NOTICES
All notices, demands, requests or approvals to be given under 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:
City of Newport Beach
Planning Department
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92658 -8915
(949) 644 -3200
Fax 644 -3350
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Attention: Keeton Kreitzer
Keeton Kreitzer Consulting
17910 Sky Park Circle, Suite 108
Irvine, CA 92614
(949)756 -2202
Fax 756 -2207
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt of written notice of default, specifying the nature of such default
and the steps necessary to cure such default, the nondefaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
26.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, City shall pay to the
Consultant that portion of compensation specified in this Agreement that is earned and
unpaid prior to the effective date of termination.
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27. COMPLIANCES
• Consultant shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
28. 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. 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. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
judgment as a design professional and is supplied for the general guidance of City.
Since Consultant has no control over the cost of labor and material, or over competitive
bidding or market conditions, Consultant does not guarantee the accuracy of such
opinions as compared to contractor bids or actual cost to City.
31. PATENT INDEMNITY
The Consultant shall indemnify City, its agents, officers, representatives and
employees against 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.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
• for the City of Newport Beach
CITY OF NEWPORT BEACH
A Municipal Corporation
in
City Manager
for the City of Newport Beach
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ATTEST:
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LaVonne Harkless
City Clerk
CONSULTANT
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