HomeMy WebLinkAboutC-4169 - PSA for Newport Beach Country ClubAMENDMENT NO. 1 TO
lS� PROFESSIONAL SERVICES AGREEMENT WITH
-� KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR NEWPORT BEACH COUNTRY CLUB
THIS AMENDMENT NO. 1 TO FESSIONAL SERVICES AGREEMENT, is
entered into as of this ay of , 2010, by and between the CITY
OF NEWPORT BEACH, a California Mu pal Corporation ( "CITY"), and KEETON
KREITZER doing business as (DBA) Keetotf Kreilzer Consulting, a sole proprietorship,
whose address is 17291 Irvine Boulevard, Ste. 305, Tustin, California, 92780
( "CONSULTANT'), and is made with reference to the following:
RECITALS:
A. On March 30, 2009, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement," for the preparation
of an Initial Study /Mitigated Negative Declaration which includes the technical
studies of Air Quality Analysis, Noise Analysis, and Traffic Impact Analysis in
accordance with the California Environmental Quality Act, hereinafter referred to
as "Project."
B. CITY desires to enter into this Amendment No. 1 to reflect additional services not
included in the Agreement, to extend the tens of the Agreement and to increase
the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of the Agreement shall be extended to March 31, 2011, unless
terminated earlier as set forth in Agreement.
2. ADDITIONAL SERVICES TO BE PERFORMED
In addition to the services described in the Scope of Services attached as Exhibit
A to the Agreement, Consultant shall diligently perform all the services described
in the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services
from the Agreement and /or Amendment No. 1 at its sole discretion.
3. COMPENSATION
City shall pay Consultant for the services on a time and expense not -to -exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the Agreement. Consultant's total amended
compensation for all work performed in accordance with the Agreement and
Amendment No. 1, including all reimbursable items and subconsultant fees, shall
not exceed Forty Nine Thousand Seven Hundred Thirty Dollars and n01100
($49,730) without prior written authorization from City.
3.1 The amended compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. 1, including all reimbursable items and subconsultant
fees, in an amount not to exceed Five Thousand Thirty Dollars and
no1100 ($5,030.00), without prior written authorization from City.
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
1N WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By_ W,�I\m L
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Leilani I. Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Dawe Kiff V
City Manager
CONSULTANT: KEETON KREITZER
DBA KEETON KREITZER
CONSULTING
M
Titii
Print Name: Keeton Kreitzer
Attachments: Exhibit A — Additional Scope of Services to be Performed
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June 4, 2010
Keeton Kreitzer Consulting
17291 Irvine Boulevard, Suite 305
Tustin, CA 92780
PLANNING DEPARTMENT
JUN 07 2010
C�6 4 04
Ms. Rosalinh Ung, Associate Planner r 7F NEVVPO:T BEACH .
Community Development Department
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, A 92658 -6915
SUBJECT: Newport Beach Country Club IS/MND — O'Hill Proposal
Dear Ms.'Ung
As you requested, I am providing you with this augmentation request to supplement the budget for the
preparation of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Newport Beach Country
Club Project proposed by Mr. O'Hill. The budget augmentation is necessary in order to address the
changes to 2010 CEQA, Guidelines as well as other aspects of the project that have changed, which I
have identified below.
Specifically, it will be necessary to revise the discussion of climate change /greenhouse gas emissions that
is currently addressedin, the Air Quality section of the document That discussion will.be updated to
reflect the City's current policy and will be moved to the new "Greenhouse Gas Emissions' section of the
revised document based on the City's revised environmental checklist In addition, the analysis must also
be revised to address the changes to the project description, which has also been revised by the applicant
to eliminate the need for the importation of soil materials to be used as fill and to include the car wash
component as well as other minor revisions to the project description, KKC` vrill also revise, the
Traffic/Circulation section to address the updated checklist The circulation and parking assessment will
also be revised to.reflect the most current project proposal. Other.revisions are also required to address
the most current Phase NI Environmental Site Assessment conducted for the subject property and the
supplemental information from Partner Engineering & Science, Inc., to ensure that this issues is consistent
with the analysis for the IBC proposal for the project site. The IS/MND will also be revised to reflect the
elimination of the General Plan Amendment and the Transfer of Development Rights (TDR) associated
with the project. Finally, KKC will address the comments on the IS/MND submitted to the City by the
applicant's project planner.
In order to'accommodate these changes, I am requesting a budget augmentation of $5,030.00, including
$600.00 for Task 1 (Project Management), $750.00 for Task 2 (Sub - Consultant Studies), and $3,680.00
for Task 3 (Preparation of the Preliminary Initial Study/Mitigated Negative Declaration), as reflected below.
As indicated above, the budget for Task 3 would be increased to $16,620 and the total estimated budget
would be increased to $49,730.00 in order to accommodate the revisions.
17291 Irvine Boulevard, Suite 305 - Tustin, CA 92780 - (714) 665 -8509 Fax (714) 665 -8539
Ms. Rosalinh Ung, Associate Planner
City of Newport Beach
June 4, 2010
Page Two
Task
Approved
Budget
Augmentation
Request_
Revised
Budget
1
$ 4 800.00
$ 600.00
$ 5,400.00
2
$15,150.00
$ 750:00
$15,900.00
3
$ 13,860.00
$ 3,680.00
$17,540.00
4
$ 1960.00
$ 0.00
$ 1,960.00
5
$ 4,320.00
$ 0.00
$ 4,320.00
s
$ 1200.00
$ o.oa
$ 1,200.00
7
$ 360.00
$ o.00
$ 360.00
Printing
$ 3,050.00
$ 0.00
$ 3,050.00
Totals
$44,700.00
$ 5 030.00
W 730.00
I look forward to completing the environmental analysis for the proposed Newport Beach Country Club
project proposed by Mr. O'Hill. Please let me know if you have any questions regarding the nature of the
revisions or the augmentation request.
Best regards,
KEETIO /N KRREITZER CONSULTING , )
Keeton K. Kreitzer
Principal
KKK:rjr
17782 East 171h Street, Suite 106 - Tustin, CA 92 780 -1 94 7 - (774) 665 -8509 - Fax (714) 665 -8539
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PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER CONSULTING
FOR NEWPORT BEACH COUNTRY CLUB
v
THIS ,AGREEMENT is made and entered into as of this 0day of
200 1 r1 , by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City"), and KEETON KREITZER CONSULTING, a sole proprietorship, whose
address is 17291 Irvine Boulevard, Ste. 305, Tustin, California, 92780 ( "Consultant "),
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. Keeton Kreitzer Consulting is a California -based environmental planning and
consulting firm that specializes in environmental compliance issues under the
California Environmental Quality Act (CEQA).
C. Golf Realty Fund proposes the development of 5 semi - custom single - family
residential units (ranging from approximately 2,205 -4,355 s.f. in size); 27 hotel
units (visitor - serving short-term rental units) with a 2,048 s.f. concierge and guest
center; a 3,523 square foot tennis club with a 6,718 square foot spa; a 41,086
square foot golf club with accessory facilities; 7 tennis courts, and a swimming
pool. City desires to engage Consultant to prepare an Initial Study /Mitigated
Negative Declaration, Air Quality Analysis, Noise Assessment, and Traffic Impact
Analysis for the proposed development in accordance with the California
Environmental Quality Act (`Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Keeton
Kreitzer.
F. City has solicited and recaived a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
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1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 31 day of September, 2010, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 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.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Forty Four Thousand, Seven Hundred Dollars and no /100 ($44,700)
without prior written authorization from City. No billing rate changes shall be
made during the term of this Agreement without the prior written approval of City.
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4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved 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.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Keeton Kreitzer
to be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
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shall not be unreasonably withheld with respect to the 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.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. David
Lepo, Planning Director shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
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expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement including, without limitation, defects in
workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent and /or willful acts, errors and /or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
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the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of =insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
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Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omisslwis Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
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respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TR4NSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership orjoint - venture.
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16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the
work outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted
version of Microsoft Word and Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
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20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his/her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. 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 what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under the law or any other sections of this
Agreement.
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24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: David Lepo
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3200
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Keeton Kreitzer
Keeton Kreitzer Consulting
17291 Irvine Blvd., Ste. 305
Tustin, CA 92780
Phone: 714 - 665 -8509
Fax: 714- 665 -8539
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27. TERMINATION
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In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. 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
F. of the same or a different character.
30. 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.
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31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVAID AS TO FORM -
CBy:
Xaron' Harp,
Assistant City Attorney
ATTEST:
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Leilani Brown,
City Clerk
U
PC) RiAN
CITY OF NEWPORT BEACH,
A Municipal Corporation
By..
6ty Manager
for the City of Newport Beach
CONSULTANT:
By: YVLA
(Corporate Officer)
Title:
Print Name: Keeton Kreitzer
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH COUNTRY CLUB PC DISTRICT PLAN
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH COUNTRY CLUB PC DISTRICT TEXT
NEWPORT BEACH, CA
SCOPE OF SERVICES
L11161 i.i :2 *ICI
7_1T
A work program has been developed in response to the City's requirement to ensure that the
environmental review process is carried out in accordance with the California Environmental Quality Act
(CEQA) and the City of Newport Beach adopted CEQA procedures. The scope of work identified in this
work program responds to the City's desire to conduct a preliminary environmental analysis in the form of
an initial study (IS) in order to determine if adequate mitigation measures can be provided to reduce
project- related impacts to a less than significant level or, if such measures cannot be identified at this
preliminary stage, the need to conduct subsequent environmental analysis in the form of a Draft
Environmental Impact Report (DEIR).
The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in
this proposal related to the preparation of the initial study includes: (1) the provision of competent,
effective environmental analysis project management; (2) competent peer review of technical studies; (3)
preparation of the environmental documentation (i.e., initial study /mitigated negative declaration); (4)
processing of the environmental documentation and public participation; (5) preparation of the final
environmental document; and (6) preparation of CEQA notices. These objectives will be achieved through
the completion of several work tasks. Each of these work tasks has been identified and described below.
Task One - Proiect Initiation /Coordination
KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the
required environmental document (i.e., Initial Study). Project coordination will be an integral part of the
planning process. As such, KKC proposes to have a Project Initiation Meeting as the first step in that
process. That meeting will be held at the first available time after the contract has been awarded and
executed. Participants in the meeting will include representatives of the City of Newport Beach, KKC, the
applicant's consultants (if determined necessary), and project representatives deemed necessary to
provide direction in the planning and environmental review process for the proposed project. Topics of
discussion will include the definition of the project description, identification of responsible agencies and
sources of information, and the project schedule. Two subsequent meets are included in this task as well
as project management and coordination with City staff, project technical consultants, and responsible
agencies, if determined necessary.
In summary, this task will include the following sub - tasks:
Consultation and coordination of the proposed project and environmental document with
the City of Newport Beach to ensure that City policies are incorporated into the Draft
environmental document;
Proposal for Environmental Consulting Services
Newport Beach County Club PC District Plan
March 13, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH COUNTRY CLUB PC DISTRICT PLAN
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures; and
Coordination with City staff and attendance at up to three (3) meetings with City staff as
indicated above.
Estimated Time Frame: As Required
Estimated Budget: $4,800.00
Task Two — Sub - Consultant Studies
Based on the City's RFP, three technical studies will be prepared to support the analysis presented in the
initial study, including: (1) air quality impact analysis; (2) noise impact analysis; and (3) traffic analysis
consistent with City of Newport Beach requirements. A team of technical consultants has been
assembled to address the air quality, noise, and cultural resources issues, including:
Air Quality Analysis Giroux & Associates
Noise Analysis Giroux & Associates
Traffic Assessment Kimley Horn Associates, Inc.
Estimate Time Frame: 6 Weeks
Estimated Budget: $15,150.00
($ 2,750.00 —Air Quality Analysis)
($ 3,000.00 — Noise Assessment)
($ 9,400.00 — Traffic Impact Analysis)
Other technical studies identified by the City may be provided by the project applicant, including: (1)
hydrology analysis/Water Quality Management Plan (WQMP); (2) visual /aesthetic impact analysis (using
digitized photo - simulation techniques); and (3) soils and geotechnical report. In addition, other technical
studies may also be required to address issues that must be addressed in the environmental analysis,
including a Phase I Environmental Site Assessment (ESA). If determined necessary, the applicant or
applicant's representative shall submit these studies to KKC for incorporation into the environmental
analysis for the Newport Beach Country Club PC District Plan project.
Task Three — Preparation of the Preliminary Draft Initial Study
KKC will be responsible for the preparation of the initial study for the proposed Newport Beach Country
Club PC District Plan project. Based on a review of the State CEQA Guidelines, the proposed project is
neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA review. In order to
qualify for a (Mitigated) Negative Declaration, the initial study must necessarily be extensive and thorough.
Each of the topics identified on the Citys environmental assessment form or, if desired by the City, on the
State CEQA Guidelines will be analyzed to document the nature and extent of any potential environmental
consequences (and the need for mitigation). The specific purpose of the analysis will be to document the
potentially adverse environmental impacts associated with the proposed office project and identify
potential mitigation measures that would assure that no significant impacts will occur as a result of project
implementation.
Proposal for Environmental Consulting Services
Newport Beach County Club PC District Plan
March 13, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH COUNTRY CLUB PC DISTRICT PLAN
As reflected above and in the work program, KKC has presented a scope of work for the preparation of an
Initial Study (IS), which leads to a determination that the project qualifies either for a Mitigated Negative
Declaration (MND) or will require the preparation of a Draft EIR. When completed, the proposed IS will be
submitted to the City of Newport Beach for review and comment.
Estimated Time Frame: 8 Weeks
Estimated Budget: $13,860.00
Task Four — Preparation of the Draft Initial Stud
KKC will revise the initial study based on the comments made by City staff._ If the analysis conducted for
the proposed project concludes that the potentially significant adverse impacts can be mitigated, KKC will
prepare the Draft IS /MND for distribution and public comment. Once completed, the Draft document will
be distributed for a 30 -day public review and comment period as required by the State CEQA Guidelines
for local project. KKC will prepare and mail the Notice of Intent to Adopt an MND to adjoining property
owners using the property owner mailing list to be provided by the City. KKC will also be responsible for
distributing the document to the list of recipients provided by the City, preparing the Notice of Completion
(NOC), and mailing the required number of copies to the State Clearinghouse (SCH) for review. KKC will
also be responsible for posting the Notice of Intent to Prepare a Negative Declaration both at the Orange
County Clerk- Recorder's Office and at the City of Newport Beach. Should the Initial Study conclude that
the project would have no effect on wildlife resources as provided by Section 711.4(d) of the California
Fish & Game Code, KKC shall prepare and submit the required "No Effect" form to the appropriate office
of the California Department of Fish & Game.
However, if the Initial Study determines that potentially significant impacts cannot be reduced to a less
than significant level either through the redesign of the proposed project or through the implementation of
mitigation measures, the IS will conclude that further environmental review and analysis, through the
preparation of a focused Draft EIR, will be required. Neither the scope nor budget presented in this work
program reflects the effort necessary to prepare the Draft EIR. Should the city determine the project
requires a Focused Draft EIR, work under this proposal would cease and KKC would prepare and submit
a proposal to the City for the preparation of a Draft EIR.
Estimated Time Frame: 1 Week
Estimated Budget: $1,960.00
Task Five — Preparation of the Final Negative Declaration
KKC, in cooperation with the Newport Beach Planning Department staff, will prepare written responses to
all CEQA- related comments received during the public review and comment period. These responses will
be submitted to the City of Newport Beach for review prior to completion of the Final Negative Declaration.
It is important to note that the budget identified below reflects a limited amount of effort necessary to
respond to public comments. The budget for this task may be revised if, after a thorough review of all
comments received on the Draft Negative Declaration, KKC determines that additional time and effort will
be necessary to respond to all of the comments received on that document.
Estimated Time Frame: 1 Week
Estimated Budget: $4,320.00
Proposal for Environmental Consulting Services
Newport Beach County Club PC District Plan
March 13, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH COUNTRY CLUB PC DISTRICT PLAN
Task Six — Public Hearings
If requested by the City, KKC will attend two public hearings, including one (1) public hearing before the
Newport Beach Planning Commission and one (1) public hearing before the Newport Beach City Council.
The Principal /Project Manager will attend the public hearing and will be responsible for making all
presentations and responding to questions raised during the public hearing. Should additional hearings be
required, they will be charged at the appropriate hourly rate.
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Task Seven - Preparation of the Notice of Determination and CDFG "No Effect" Determination
As previously indicated, KKC will be responsible for preparing both the Notice of Determination that must
be filed in the office of the Orange County Clerk- Recorder and with the State Clearinghouse and the
CDFG "Filling Fee No Effect Determination Form." The Notice of Determination (NOD) will be provided to
the applicant for posting with the County Clerk, along with a copy of the CDFG- approved "No Effect" form,
should that agency render such a determination. Once completed, these forms will be submitted to the
City. The filing fees are not reflected in the estimated budget for miscellaneous expenses and are the
responsibility of the applicant. Pursuant to City policy, the applicant will be responsible for filing these legal
notices with the County Clerk.
Estimated Time Frame: 1 Day
Estimated Budget: $360.00
II. PROJECT SCHEDULE
A project schedule has been developed and presented below that reflects the time frames that will be
necessary to undertake and complete the services outlined in this proposal. The project schedule is
presented below.
Project Schedule
Newport Beach Country Club PC District Plan
Newport Beach, CA
Task
Description
Estimated Time
1
Project Initiation/Coordination
As Required
2
Sub- Consultant Studies
6 Weeks
3
Preliminary Initial Study
8 Weeks
City Review
1 Week
4
Draft Initial Study
1 Week
Public Review and Comment
4 Weeks
5
Final Mitigated Negative Declaration
1 Week
6
Public Hearings
As Required
7
Filin of Legal Notices
1 Da
Proposal for Environmental Consulting Services
Newport Beach County Club PC District Plan
March 13, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH COUNTRY CLUB PC DISTRICT PLAN
III. ESTIMATED BUDGET
The scope of services and work described in Section I will be undertaken and completed for a not -to-
exceed fee of $44,700.00. This fee includes meetings and coordination, preparation of technical studies
and the environmental analysis contained in the initial study, preparation of necessary CEQA notices and
printing as indicated below, and attendance at two (2) public hearings associated with the Initial Study/
Mitigated Negative Declaration. A budget summary is presented below.
Budget Summary
Newport Beach Country Club PC District Plan
Newport Beach, CA
Title
Man -Hours
Billing Rate
Estimated Budget
Task One - Project InitiationlCoordination
Principal 32 $150.00 /Hour $ 4,800.00
Task Two — Sub - Consultant Studies
Air Quality Analysis
$ 2,750.00
Noise Analysis
$ 3,000.00
Traffic Impact Analysis
$ 9,400.00
Sub -Total
$15,150.00
Task Three — Prelliminar i Initial Stud
Project Manager
20
$116.00 /Hour
$ 2,300.00
Report Preparation
80
$ 90.00 /Hour
$ 7,200.00
Research and Analysis
40
$ 75.00 /Hour
$ 3,000.00
Graphics
12
$ 60.00 /Hour
$ 720.00
Word Processing
16
$ 40.00 /Hour
$ 640.00
Sub -Total
168
$13,860.00
Task Four - Draft Initial Stud /Ne ative Declaration
Report Preparation
20
$ 90.00 /Hour $ 1,800.00
Word Processing
8
$40.00 /Hour $ 160.00
Sub -Total
28
$ 1,960.00
Task Five — Final Initial Stud /Ne ative Declaration
Project Manager
32
$115.00 /Hour
$ 3,680.00
Word Processing
16
$ 40.00 /Hour
$ 640.00
Sub -Total
48
$ 4,320.00
Proposal for Environmental Consulting Services
Newport Beach County Club PC District Plan
March 13, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH COUNTRY CLUB PC DISTRICT PLAN
Title
I Man -Hours
I Billing Rate
Estimated Budget
Task Six - Public Hearings
Principal 8 $150.00 /Hour $ 1,200.00
Task Seven - Le al Notices /Notice of Determination
Word Processinq r 4 $ 90.00/Ho67 $ 360.00
Printing and Rep roduction
Printing and Reproduction
$ 2,500.00
Postage
$ 500.00
NOD Filing Fee
$ 50.00
Sub -Total
$ 3,050.002
TOTAL ESTIMATED BUDGET
288
$44,700.00
'Includes attendance at two (2) public hearings. Attendance at additional hearings are not
included and would be billed on a time - and - materials basis at $150.001hour.
2Includes printing of fifty (50) copies of the IS /MND for submittal to the City of Newport Beach
and postage (via certified mail /return receipt) to distribute IS /MND to responsible agencies.
3'Total does not include CDFG fee, which are required at the time the Notice of Determination
is filed with the Orange County Clerk- Recorder.
IV. BILLING AND PAYMENT
All charges shall be in accordance with the Budget Summary presented in Section III of this proposal.
Invoices shall be submitted on a monthly basis, which clearly describe the specific services and tasks
performed during the billing period.
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
has been personally responsible for the preparation of over 100 environmental documents required
pursuant to the California Environmental Quality Act and has also prepared environmental studies
mandated under the National Environmental Policy Act. He has recently reestablished his own
environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector
clients with high level, personalized environmental consulting services, including the preparation of
environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of
several environmental documents, 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 the Central City Redevelopment
Project Area in the City of Bell Gardens. Mr. Kreitzers resume has been included with this scope of work.
Proposal for Environmental Consulting Services
Newport Beach County Club PC District Plan
March 13, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH COUNTRY CLUB PC DISTRICT PLAN
VI. RESPONSIBILITY OF THE APPLICANT AND /OR CITY OF NEWPORT BEACH
The following information shall be provided to KKC by the project applicant and/or the City of Newport
Beach in order to complete the analysis described in this proposal.
1. A complete description of the proposed Newport Beach Country Club PC District project.
2. Exhibits illustrating the existing site development.
3. Site Plan and Engineering Plans and Specifications (as determined necessary by the City
of Newport Beach).
4. All environmental documents prepared for the proposed project, including but not limited
to: detailed traffic impact analysis, Phase I and II Assessments, hydrology and water
quality assessments, WQMP, soils and geology, etc., as reflected in Task Two.
5. Existing topographic map and aerial photograph (if available).
6. All other pertinent information related to the proposed project.
VII. STATEMENT OF OFFERITERMS OF AGREEMENT
KKC is prepared to begin work on this project immediately upon execution of the contract. You may be
assured that should we be selected to provide the environmental services described in this proposal, we
shall devote our full resources to the project and will approach it with the highest degree of enthusiasm,
objectivity, and professionalism.
KKC will perform all work described in this proposal for a budget of $44,700.00. This offer is valid for a
period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions
made on the scope of the project. Should the scope change significantly, necessitating a change to the
work program, we will contact you immediately and amend both the scope of services and budget
accordingly.
Offer Presented By:
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
Date: March 13, 2009
Proposal for Environmental Consulting Services
Newport Beach County Club PC District Plan
March 13, 2009
I .
Keeton Kreitzer Consulting
Schedule of Fees
Principal /Attendance at Public Hearings
$150.00 /Hour
Project Management /Coordination
$115.00 /Hour
Report Preparation
$ 90.00 1Hour
Research and Analysis
$ 75.00 /Hour
Graphics
$ 60.00 /Hour
Administration /Word Processing
$ 40.00 /Hour
Printing and Reproduction-
Cost + 10%
Postage and Supplies
Cost + 10%
Technical Analysis Fees
Cost
Effective January 1, 2008