HomeMy WebLinkAboutC-4123 - PSA for the Preparation of an Environmental Impact Report (EIR) for the Aerie Project (PA2005-196)'r
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PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER CONSULTING FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
FOR THE AERIE PROJECT (PA 2005 -196)
THIS AGREEMENT is made and entered into as of this 16 day of WO ' 2008,
by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"),
and KEETON KREITZER CONSULTING (KKC), 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. Advanced Real Estate Services has submitted an application seeking a General
Plan Amendment, Local Coastal Plan Amendment, Tentative Tract Map and a
Modification Permit requesting approval to construct an 8 unit condominium
building at 201 -207 Carnation Avenue (PA 2005 -196) (the "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Keeton
Kreitzer.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 1st day of November, 2009, 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 One Hundred and Seventeen Thousand, Two Hundred and Ninty
dollars and no1100 ($117,290) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 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
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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
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.
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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
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
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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
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.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
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
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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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 Omissions 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
respect to liability arising out of work performed by or on behalf of
the Consultant.
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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 TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
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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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28. TERMINATION
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 parry 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.
29. 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.
30. 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.
31. 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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32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
APPRO ED AS TO FORM:
By: �--
City Attorney
for the City of Newport Beach
ATTEST:
By:
Q r
Y
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: Allle�z. "--�
Homer Bludau City Manager
for the City of Newport Beach
CONSULTANT:
so
Title
Attachments: Exhibit A — Scope of Services
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PROPOSAL FOR THE PREPARATION
OF A DRAFT ENVIRONMENTAL IMPACT REPORT
AERIE
NEWPORT BEACH, CA
SCOPE OF SERVICES
The scope of services for the focused 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 focused 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
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 the EIR consultant,
project applicant, City of Newport Beach, and/or other agencies having an interest in the proposed project.
Specifically, this task will accommodate up to ten (10) such meetings. It is important to note that the
scope of work may be modified as a result of the issues and concerns identified during the NOP review
period. Should such modifications be necessary, a revised budget and scope will be prepared and
submitted to the City for approval.
The remainder of this task encompasses day - today project management and coordination necessary to
complete the environmental analysis. The KKC project manager will coordinate the work efforts of the
individual technical consultants to ensure that their work addresses the issues identified in the initial study
and in NOP comments. In addition, the entire work effort will be conducted pursuant to the City's
environmental review process. As a result, close coordination with the City's project manager will be
necessary.
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 ten (10) meetings with City staff and the consultant team.
Proposal for Environmental Consulting Services
Aerie — Newport Beach, CA
September 25, 2008
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE —NEWPORT BEACH, CA
Estimated Time Frame: As Required
Estimated Budget: $4,800.00
Task Two — Subconsultant Studies
In order to adequately evaluate project - related impacts, it will be necessary to undertake several technical
studies /updates to existing studies, and "third party" reviews, including: (1) air quality; (2) biological
resources; (3) traffic and circulation; (4) soils and geology; (5) noise; and (6) aesthetics. The scopes and
budget for each of the technical studies reflected in this proposal for environmental consulting services are
attached. These studies, which will be conducted by the project team members, are identified below:
(1)
Air Quality
Giroux & Associates
(2)
Traffic and Circulation
Austin Foust Associates, Inc.
(3)
Terrestrial /Marine Biology
Jones & Stokes /Rick Ware
(4)
Geotechnical 3"' Party Review
Goffman, McCormick & Urban, Inc.
(5)
Visual Simulations
SoftMirage (Steve Pollack)
(6)
Noise
Wieland Acoustics
Estimated Time Frame:
Estimated Budget: $ 2,500.00 (Air Quality)
$ 5,000.00 (Terrestrial and Marine Biology)
$ 4,500.00 (Traffic and Circulation)
$ 4,400.00 ( Geotechnical Ti Party Review)
$ 49,690.00 (Visual Simulations)
$ 2,500.00 (Construction Noise)
Estimated Time Frame: 4 Weeks
Estimated Budget: $68,590.00
Task Three — Initial Study /Notice of Preparation (NOP)
The analysis contained in that IS will reflect conclusions based on the proposed project in order to "focus"
the analysis presented in the Draft EIR to only those issues where it cannot be shown that potentially
significant impacts are anticipated cannot be avoided or mitigated. Specifically, the purpose of the initial
study is twofold: (1) to identify those issues that will be the subject of the analysis contained in the
Focused 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 expanded initial study will contain environmental analysis to support the conclusion that where an
environmental impact has been identified as less than significant, no further analysis is required and the
issues would not be included in the Draft EIR. This analysis, therefore, must be necessarily
comprehensive and exhaustive and, where necessary, it will identify specific mitigation measures and /or
standard conditions that must be incorporated into the project to ensure that any potentially significant
impacts that may occur are reduced to a level of significance in order to eliminate additional analysis in the
Draft EIR. The environmental analysis included in the initial study will be based on the existing data base
and related technical studies that are germane to development of the subject property. Where necessary,
Proposal for Environmental Consulting Services
Aerie — Newport Beach, CA
September 25, 2008
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE —NEWPORT BEACH, CA
information and technical analysis prepared by the applicant andlor applicants technical consultants will
also be used to evaluate the potential impacts associated with project implementation.
Once the initial study is completed and the environmental determination made, a Notice of Preparation
(NOP) will be prepared by the consultant. 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 City.
Estimated Time Frame: 2 Weeks (including City review)
Estimated Budget: $2,300.00
Task Four - Preparation of the Screencheck EIR
The most significant task to be undertaken as part of the proposed work program is that of preparing the
Focused Draft EIR, 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.
Although the scope of the Draft EIR will be formally determined when the initial study (refer to Task Two)
is completed, this proposal assumes that the EIR will address only two issues: (1) Historic Resources; and
(2) Traffic and Circulation, based on a preliminary review of the proposed project as well as direction
provided by the City of Newport Beach. The Draft EIR outline proposed for the project is presented below,
followed by a brief discussion of the information that will be included in each section of the document.
Draft FEIR
Table of Contents
Aerie
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
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Aerie — Newport Beach, CA
September 25, 2006
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE — NEWPORT BEACH, CA
1.2 Alternatives
1.2.1 Summary of Alternatives
1.2.2 Environmentally Superior Alternative
1.3
Areas of Controversy
1.4
Issues to be Resolved
1.5
Impact Summary Table
1.6
Related Approvals
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
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
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
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Aerie - Newport Beach, CA
September 25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE — NEWPORT BEACH, CA
CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS
4.1 Land Use/Relevant Planning
4.2 Traffic and Circulation
4.3 Aesthetics
4.4 Noise
4.5 Air Quality
4.6 Soils and Geology
4.7 Hydrology/Water Quality
4.8 Public Health and Safety
4.9 Biological Resources
CHAPTER 5.0 - CUMULATIVE IMPACTS
5.1 Description of Cumulative Projects
5.2 Cumulative Impacts Analysis
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
6.2.2 Alternative Design
6.2.3 Alternative Site
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
CHAPTER 8.0 - GROWTH- INDUCING IMPACTS
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Aerie — Newport Beach, CA
September25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE— NEWPORT BEACH, CA
CHAPTER 8.0 - 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. NOP Comment Letters
C. Circulation Assessment
D. Air Quality Assessment
E. Acoustical Analysis
F. Biological Assessment
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, 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 analysis for each
Propose; for Environmental Consulting Services
Aerie — Newport Beach, CA
September 25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE — NEWPORT BEACH, CA
issue that 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. In both cases, the discussion will be a summary of a technical study prepared by a
member of the City's consultant team. Each 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. As indicated in the recommended Table
of Contents, the environmental analysis will evaluate potential impacts to cultural /historic resources and
traffic and circulation.
It should be noted that the two technical studies (i.e., historic resources assessment and traffic impact
analysis) prepared by/for the applicant and /or City of Newport Beach will be the basis of the project- related
impact analysis presented in the Draft EIR. In order to facilitate the analysis of each issue, a standard
format will be employed to analyze each issue 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 is 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 the State CEQA Guidelines, adopted local (i.e., City of Newport
Beach, 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., County of Orange, etc.).
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 preempt 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). The discussion and analysis for both Historic
Proposal for Environmental Consulting Services
Aerie - Newport Beach, CA
September 25, 2008
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE— NEWPORT BEACH, CA
Resources and Traffic and Circulation will be a summary of a technical study prepared by a member of
the consultant team. The technical report supporting each analysis 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. All project - related impacts, including
those associated with all phases of the proposed project, will be clearly and adequately analyzed in
accordance with the 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.
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 EIR", 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. In
addition, the City will query the City of Costa Mesa in an effort to identify additional projects in the vicinity
of the subject property. These other projects will be evaluated with the proposed project to determine
project- related cumulative impacts. 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 impact analysis of the alternatives identified by the City of Newport
Beach. A maximum of three alternatives will be evaluated in the Draft EIR, including the "no project"
alternative as prescribed by the State CEQA Guidelines.
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Aerie — Newport Beach, CA
September 25, 2008
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE — NEWPORT BEACH, CA
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. The characteristics of the project, which
may encourage and facilitate other activities that could significantly affect the environment, either
individually or cumulatively, will also be discussed in this chapter.
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.
12.0 Bibliography
Each document used as a reference or source of information will also be identified and presented in the
Bibliography that 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 is 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 five (5) copies of the document and
submit them to the City's Planning Department for review and comment.
Estimated Time Frame: 6 Weeks
Estimated Budget: $15,000.00
Proposal for Environmental Consulting Services
Aerie —Newport Beach, CA
September 25, 2008
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE — NEWPORT BEACH, CA
Task Five - Preparation of the 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
Newport Beach 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 NOR
Estimated Time Frame: 2 Weeks
Estimated Budget: $2,300.00
Task Six - Resoonse 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 listing of each agency /individual commenting on the Draft EIR, the
correspondence received from the commentator, and the responses prepared for each comment. A total
of 30 copies of the responses to public comments appendix will be submitted to the City of Newport Beach
Planning Department.
Estimated Time Frame: 2 Weeks
Estimated Budget: $4,600.00
Task Seven - Final EIR
Once the Draft EIR is certified, the Final EIR will be prepared. That document will consist of the response
to comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the
Final EIR will include "redlinelstrikeout" revisions that reflect changes resulting from comments received
during the public review and comment period. A total of ten (10) copies of the Final EIR will be printed and
submitted to the Planning Department.
Estimated Time Frame: 2 Weeks
Estimated Budget: $1,500.00
Task Eight - Mitigation Monitoring Program /Findings /Statement of Overriding Considerations
The EIR consultant 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. In addition, the
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Aerie — Newport Beach, CA
September 25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE —NEWPORT BEACH, CA
Findings of Fact and Statement of Overriding Consideration, if determined necessary (i.e., unavoidable
significant adverse impacts), will also be prepared and submitted to the City for review and presentation to
the City of Newport Beach Planning Commission and City Council for certification prior to approval of the
proposed project.
Estimated Time Frame: 4 Weeks
Estimated Budget: $4,600.00
Task Nine - Public Hearings
The EIR consultant will attend all public hearings, including those of the Newport Beach Planning
Commission and the 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: $3,600.00
Proposal for Environmental Consulting Services
Aerie — Newport Beach, CA
September 25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE —NEWPORT BEACH, CA
PROJECT SCHEDULE
The scope of services through Task Four (i.e., submittal of the Screencheck EIR) presented in this
proposal can be accomplished in approximately six (6) weeks from issuance of the Notice to Proceed.
This schedule is presented below.
Anticipated Schedule
Aerie — Newport Beach, CA
Task
Description
Estimated
Time
1
Project Management
As Required
2
Sub - Consultant Studies
4 Weeks
3
Initial Stud /Notice of Preparation
2 Weeks
NOP Comment Period
4 Weeks
4
Preparation of Screencheck EIR
6 Weeks
5
Preparation of Draft EIR
2 Weeks
Notice of Completion /Draft EIR Public
Comment Period
6 Weeks
6
1 Response to Comments
2 Weeks
7
Preparation of Final EIR
2 Weeks
8
Preparation of Findings /Mitigation Monitoring
Program/Statement
of Overriding Considerations
4 Weeks
9
Public Hearings
As Required
1Includes City Review.
2WII be prepared during 45-day EIR Public Comment Period.
Proposal for Environmental Consulting Services
Aerie — Newport Beach, CA
September 25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE —NEWPORT BEACH, CA
III. ESTIMATED BUDGET
The scope of services and work project described in Section II of this proposal will be undertaken and
completed for an estimated fee of $117,290.00. This fee includes project management, the environmental
impact analysis (including the Draft and Final EIRs), printing and distribution of the Draft EIR, and
attendance at public hearings.
Estimated Budget
Aerie — Newport Beach, CA
Title I
Man -Hours
Billing Rate
Estimated Budget
Task One — P ro Mana ement
Principal 32 $150.00 /Hour $ 4,800.00
Task Two — Technical Studies
Air Quality Analysis
Biological Assessment
Traffic Analysis
Acoustical Analysis
3rd Party Geotechnical Assessment
Visual Simulations
Sub -Total
$ 2,500.00
$ 5,000.00
$ 4,500.00
$ 2,500.00
$ 4,400.00
$49,690.00
$68,590.00
Task Three — Initial Stud
Project Manager F 20 1 $115.00lHour $ 2,300.00
Task Four — Screencheck EIR
Principal 1
Project Manager
Sub -total
40
100
140
$150.007Hour
$115.00lHour
$ 6,000.00
$11,500.00
$17,500.00
Task Five — Draft EIR
Project Manager 1 20 1 $115.00 /Hour $ 2,300.00
Task Six — Res once to Public Comments
Project Manager 40 $115.00 /Hour $ 4,600.00
Task Seven — Final EIR
Principal 7 10 1 $150.00 /Hour $ 1,500.00
Task Eight- Findin s/MMRP /Statement of Overrigin Considerations
Project Manager 40 $115.00/Hour $ 4,600.00
Proposal for Environmental Consulting Services
Aerie — Newport Beach, CA
September 25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE —NEWPORT BEACH, CA
Title
I A
nq Rate
Estimated Bud et
Task Nine — Public Hearings
Principal 1 24 $150.00 $ 3,600.00
Printing and Re roduction /Miscellaneous
Printing and Reproduction
$ 6,750.00
Postage and Supplies
$ 500.00
Supplies
$ 200.00
NOD Filing Fee
$ 50.00
Sub -Total
$ 7,500.003
TOTAL NOT -TO- EXCEED FEE
326
$117,290.00
'Estimate only. Subject to review and negotiation based on nature and extent of public
comments received during the public review period.
2Includes printing of 5 copies of the Screencheck EIR, 50 copies of the Draft EIR, and 10 copies
of the Final EIR.
3Fees do not include the CDFG fees.
Proposal for Environmental Consulting Services
Aerie — Newport Beach, CA
September 25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE— NEWPORT BEACH, CA
IV. RESPONSIBILITY OF PROJECT APPLICANT /CITY OF NEWPORT BEACH
The following information shall be provided to the consultant in order to complete the analysis described in
this proposal.
1. All previous environmental documents prepared for the subject property and vicinity of the
property.
2. All pertinent technical analyses prepared for the applicant and/or City, including, but not
limited to: (1) soils and geology; (2) hydrology and engineering; (3) infrastructure
assessment; (4) visual simulations and analysis; (5) traffic and circulation; and (6) Phase I
and (if necessary) Phase 11 Assessments.
3. A large -scale topographic map (i.e., 1" = 100') of the subject property (in reproducible
form).
4. Aerial photograph, if available.
5. A complete project description, including a statistical summary of the proposed project
and plans reflecting the proposed development plan and related discretionary action
necessary to implement the proposed project.
6. Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan,
etc.
7. Phasing /Development Plan that provides statistical summary of the anticipated sequence
of development.
8. Large -scale plans reflecting grading and site design.
9. Cross - sections and visual simulations illustrating "existing" and "post - development"
conditions.
10. Adopted City of Newport Beach General Plan (all elements, including Local Coastal
Program) and Zoning Ordinance.
11. Impact significance criteria adopted by the City of Newport Beach (if any).
12. List of cumulative projects (i.e., proposed, approved and pending).
13. Notice of Preparation distribution list.
Proposal for Environmental Consulting Services
Aerie — Newport Beach, CA
September 25, 2008
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
AERIE —NEWPORT BEACH, CA
VI. STATEMENT OF OFFERITERMS OF AGREEMENT
The EIR consultant and technical consultants identified in this proposal are prepared to begin work on the
Draft EIR 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 $117,290.00. 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, is the individual authorized to bind the offer made above
Offer Presented By:
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
Date: October 17, 2008
Proposal for Environmental Consulting Services
Aene -Newport Beach, CA
September 25, 2008
16
r 3& 166
r By Tim cm cc
CITY OF NEWPORT BEACH I OCT 2 � 2098
CITY COUNCIL STAFF REPORT APPRUVOT
(1 J411?3
Agenda Item No. 6
October 28, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: James Campbell, Senior Planner
Planning Department
(949) 644 -3210 icampbell(&city.newport- beach.ca.us
SUBJECT: Professional Services Agreement for the preparation of an Environmental
Impact Report for the AERIE project.
ISSUE
Council Policy F -14 (Authority to Contract for Services) requires that the City Manager
provide notice and a brief description of a project to the City Council when consultant
services for such project are to be provided through a contract administered by the City
and the costs for such services are to be paid from funds deposited by the project
proponent in an applicant deposit account.
RECOMMENDATION
Receive and file.
DISCUSSION
This report serves as notice to City Council that a contract for professional services
between the City of Newport Beach and Keeton Kreitzer Consulting will be executed for
preparation of an Environmental Impact Report (EIR) for the Aerie condominium project
at 201 -207 Carnation Avenue. Keeton Kreitzer Consulting previously submitted a scope
of work to be completed at a cost of approximately $98,000 and work on the EIR was
initiated. Since then, the scope of work has been expanded to include additional
aesthetic and visual analysis. The total cost of the revised scope of work will be
$117,290.00.
The EIR will include discussions of Aesthetics, Air Quality, Biological Resources,
Geology & Soils, Hazards & Hazardous Materials, Land Use & Planning, Hydrology &
Water Quality, Noise and Transportation/Traffic along with other mandatory elements
required by law. Other issues may be included if identified during the process. The City
has scheduled an EIR scoping meeting to be held at the Central Library on October 29,
2008 at 6:00 PM. This meeting will give the public another opportunity to provide input
as to the full scope of the EIR.
The EIR and project are tentatively scheduled to be reviewed by Planning Commission
in January of 2009 with Council hearings to follow. Notice of future hearings will be
provided in accordance with local and State law.
Environmental Review: The City Council's approval of this Agenda Item does not
require environmental review as it is not defined as a project and the authorization of
this PSA will not result in a physical change to the environment.
Public Notice: This agenda item has been noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Funding Availability: The cost of this agreement will be the responsibility of the
applicant.
Prepared by: Submitted by:
.5
'3arfies Campbe , Senior Planner
ATTACHMENTS
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1. Professional Services Agreement including the scope of work and billing rates