HomeMy WebLinkAboutC-4154 - PSA for Environmental Consulting Services for the 1901 Westcliff Drive Medical Office ProjectAMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE 1901
WESTCLIFF DRIVE MEDICAL OFFICE PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL S1 V C AGREEMENT
{ "Agreement "} is made and entered into as of the day of r, 2012, by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City "), and KEETON KREITZER, a sole proprietor doing business as
( "DBA ") KEETON KREITZER CONSULTING ( "Consultant "), whose address is P.O. Box
3905, Tustin, CA 92781 -3905, and is made with reference to the following:
RECITALS
A. On April 20, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for environmental consulting services for the 1901
Westclif€ Drive medical office project ( "Project ").
B. On July 19, 2011, City and Consultant entered Amendment No. One to the
Agreement to extend the term, increase the scope of work and increase the total
compensation ( "Amendment No. One ").
C. City desires to enter into this Amendment No. Two to extend the term of the
Agreement to June 28, 2013, update the insurance requirements and change the
notification address of Consultant.
D. City and Consultant mutually desire to amend this Agreement, as provided
below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement shall be amended in its entirety and replaced with the
following: The term of the Agreement shall commence on the Effective Date, and shall
terminate on June 28, 2013, unless terminated earlier as set forth herein.
2. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with
the following: 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 or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
Keeton Kreitzer DBA Keeton Kreitzer Consulting 1
3. NOTICES
Section 26 of the Agreement shall be amended as to the Consultant's address
and shall read as follows: All notices, demands, requests or approvals from City to
Consultant shall be addressed to
Attention: Keeton Kreitzer
Keeton Kreitzer Consulting
P. 0. Box 3905
Tustin, CA 92781 -3905
(714 )665 -8509
Fax (714)665-8539
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement, as amended shall remain unchanged and shall be in full force and
effect.
[SIGNATURES ON NEXT PAGE]
Keeton Kreitzer DBA Keeton Kreitzer Consulting 2
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNY'S OFFICE
Date: f 1
ay:
Aaron C. Harp��
City Attorney
ATTEST:
Date:
0
Leilani I. Brow
City Clerk ,EWPOQ,
Attachments:
�!/—! FOR!:a
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Dave
City Manager
CONSULTANT: KEETON KREITZER
DBA KEETON KREITZER CONSULTING,
a sole proprietorship
Date: 12- - 2-0 • ( v
[END OF SIGNATURES]
Exhibit C — Insurance Requirements
Keeton Kreitzer DBA Keeton Kreitzer Consulting 3
1 *3:ifciii[a
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Consultant agrees to
provide insurance in accordance with requirements set forth here. If Consultant uses
existing coverage to comply and that coverage does not meet these requirements,
Consultant agrees to amend, supplement or endorse the existing coverage.
1.2 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.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.11.1 Consultant shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
1.3.2 General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another assumed in a
business contract) with no endorsement or modification limiting the scope of coverage
for liability assumed under a contract.
1.3.3 Automobile Liability Insurance. Consultant shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 each accident.
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subconsultants.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability, shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Ric
h# to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
such change. if such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.53 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
Keeton Kreitzer DBA Keeton Kreitzer Consulting Page 0-2
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.4 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.5 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.8 City Remedies for Non Compliance If Consultant or any
subconsultant fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Consultant's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Consultant's 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.
Keeton Kreitzer DBA Keeton Kreitzer Consulting Page C -3
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. One "), is entered into as of this day of July, 2011, by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "),
and Keeton Kreitzer doing business as (DBA) Keeton Kreitzer Consulting (KKC) a sole
proprietorship, whose address is 17291 Irvine Boulevard, Suite 305, Tustin, California
92780 ( "Consultant "), and is made with reference to the following:
RECITALS:
A. On April 20, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for Environmental Consulting services for 1901
Westcliff Drive Medical Office ( "Project ").
B. City desires to enter into this Amendment No. One to reflect additional services
not included in the Agreement to extend the term of the Agreement to December
28, 2012, to increase the total compensation and update insurance requirements.
C. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
Section 1 of the Agreement, shall be amended in its entirety and replaced with the
following: The term of the Agreement shall terminate on December 28, 2012, unless
terminated earlier as provided for in Agreement.
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, shall be supplemented to include the Scope of Services
dated June 7, 2011 which is 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. COMPENSATION
The introductory paragraph to Section 4 of the Agreement shall be amended in its
entirety and replaced with the following: 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 this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Four Thousand Two Hundred Sixteen Dollars and 71/100 ($104,216.71) without
prior written authorization from City ( "Total Amended Compensation "). No billing rate
changes shall be made during the term of this Agreement without the prior written
approval of the City.
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. One including all reimbursable items and
subconsultant fees, in an amount not to exceed Fifteen Thousand Seven
Hundred Dollars and no /100 ($15,700.00), without prior written
authorization from City.
4. INSURANCE
Section 14 of the Agreement shall be amended in its entirety and replaced with the
following: Without limiting Consultant's indemnification of City, and prior to
commencement of work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Consultant, his agents, representatives, employees or sub -
consultants. The cost of such insurance shall be included in Consultant's
bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the sub - consultant'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 (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
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, blanket
contractual liability.
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 $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. 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.
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates written below.
APPROVED AS TO FORM:
OFFICE OF
THE CITY ATTORNEY
Date:
* l
By:
Leonie M
ihill
Assistant Ci
ttornev
ATTEST:
Date: 1.14 I�
I
By: UJM X.
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: - l3la-bc�
By: k L'-'
'
Dave XW
City Manager
CONSULTANT: KEETON
KREITZER DBA KEETON
KREITZER CONSULTING
, a sole proprietorship
Date:
By
Ke
Attachments: Exhibit A — Adiional Services to be Performed
f:\users \oca\ shared \templates \contracts \contracts posted on intranet ready for template
directory\professional services agreements \sample amendment to professional services
agreement.dotx
Keeton Kreitzer Consulting
180 South Prospect Avenue, Suite 140A
Tustin, CA 92780
June 7, 2011
Mr. Jaime Murillo, Associate Planner
Community Development Department
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
SUBJECT: Westcliff Medical Center -Budget Augmentation Request
Dear Mr. Murillo:
As you requested, I am providing you with this augmentation request to supplement the budget for the
preparation of the Draft Environmental Impact Report (DEIR) for the Westcliff Medical Center Project
proposed in the City of Newport Beach. The budget augmentation is necessary in order to address the
changes to proposed project as well as including an optional task that would allow Chattel Architecture
Planning & Preservation, Inc., to prepare "sketch plans" to illustrate project alternatives, if directed by the
City of Newport Beach. An additional budget augment is also necessary to address traffic issues raised
by City staff, which will be addressed in the traffic impact analysis prepared by Kunzman Associates.
In order to accommodate these changes, I am requesting a budget augmentation of $7,500.00 for Task 3
(Sub - Consultant Studies), as reflected below. As indicated above, the additional budget would be
allocated to the preparation of the Historical Impact Assessment that will be undertaken by Chattel
Architecture, Planning & Preservation, Inc. This additional budget would replace a portion of the original
budget that has been utilized to evaluate the original project submittal. 1 have also include $900.00 in
Task 2 to address the traffic issues raised by the City's traffic engineer. As a result, the budget for Task 3
would be increased to $64,750.00 and the total estimated budget would be increased to $109,650.00 in
order to accommodate the revisions. The optional task includes $5,000.00 (i.e., preparation of sketch
plans) and a qualitative intersection analysis would necessitate an additional increase of $2,300.00, for a
total of $7,300.00. Therefore, the total estimated budget, including the optional task is $1t6,959.99.ID4 ,2I1, ii
These additional fees are reflected in the table below, which summarizes the original (approved) budget, 8n.
the amount of budget augmentation, and the revised budget.
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180 South Prospect Avenue, Suite 140A -Tustin, CA 92780-Mailing Address: P.O. Box 3905, Tustin, CA 92781 -3905
Tel: (714) 665 -8509 - Fax: (714) 665 -8539
Mr. Jaime Murillo, Associate Planner
City of Newport Beach
June 7, 2011
Page Two
Task
Original (Approved)
Budget
Augmentation
Request
Revised
Budget
1
$ 4,800.00
Complete City Review of Initial Study
$ 4,800.00
2
$ 3,200.00
Complete Technical Studies
$ 3,200.00
3
$ 56, 350.00
$ 8,400.00'
$ 64 750.00
4
$ 17,500.00
End of 45 Day Public Review Period
$ 17 500.00
5
$ 3,500.00
Planning Commission Hearing
$ 3,500.00
6
$ 3,500.00
$ 350000
7
$ 1500.00
$ 1500.00
8
$ 3,500.00
$ 3,500.00
9
$ 2,400.00
$ 2,400.00
Printing
$ 5,000.00
$ 5,000.00
Sub -Total
$ 101,250.00
$ 109,650.00
Optional Tasks
$ 00.00
$ 7,300.00'
$ 7,300.00
Total Budget
$101,250.00
$ 15,700.00
$116,950.00
'This budget increase includes $7,500.00 to address the changes in the proposed project
related to the historical assessment (Chattel Architecture Planning & Preservation, Inc.)
and $900.00 to include an "Existing Plus Project' scenario in the traffic analysis
(Kunzman Associates, Inc.).
2This budget increase includes $5,000.00 to prepare "sketch plans" for the alternatives
analysis (Chattel Architecture Planning & Preservation, Inc.) and $2,300.00 to include a
qualitative intersection analysis in the traffic analysis Kunzman Associates Inc.).
In addition, I have included a revised project schedule that anticipates completion of the Draft EIR by the
end of August, with the public review and comment period anticipated to begin on September 1, 2011.
Based on this tentative schedule, the Planning Commission and City Council could conduct hearings in
November and December, respectively.
Project Activity
Ta et Date
Project Start-Up
June 7, 2011
Complete Initial Study
June 14, 2011
Complete City Review of Initial Study
June 21, 2011
Distribute Notice of Preparation
June 28, 2011
Complete Technical Studies
July 20, 2011
Complete Screencheck EIR SCEIR
August 3, 2011
Complete City Review of SCEIR
August 17, 2011
Distribute Draft EIR
August 31, 2011
End of 45 Day Public Review Period
October 17, 2011
Complete Responses to Public Comments
October 31 2011
Planning Commission Hearing
November 2011
City Council Hearing
December 2011
180 South Prospect Avenue, Suite 140A - Tustin, CA 92780 -:1lai ling Address: P.O. Box 3905, Dustin, CA 92781 -3905
Tel: (714) 665 -8509 - Fax: (714) 665 -8539
Mr. Jaime Murillo, Associate Planner
City of Newport Beach
June 7, 2011
Page Three
I look forward to completing the environmental analysis for the proposed Westcliff Medical Center project.
Please let me know if you have any questions regarding the nature of the revisions or the augmentation
request.
Best regards,
K�E/ET'O,N'KREITZER CONSLII TIN(:
l—V
Keeton K. I reitzer
Principal
KKK:rjr
180 Smith Prospect Avenue, Suite 140A - Tustin, CA 92780 - Mailing Address. P.O. Box 3905, Tustin, CA 92781-390
Tel., (714) 665 -8509 - Fns: (714) 665 -8539
0 0
PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE
1901 WESTCLIFF DRIVE MEDICAL OFFICE PROJECT
THIS AGREEMENT is made and entered into as of this qeday of April, 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
Keeton Kreitzer, doing business as (DBA), Keeton Kreitzer Consulting (KKC), a sole
proprietorship ( "Consultant "), whose address is 17291 Irvine Boulevard, Suite 305,
Tustin, California, 92780 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City entered into an Agreement on February 2, 2009 with Consultant to prepare
an environmental assessment of potential environmental impacts associated with
the proposed 1901 Westcliff Drive Medical Office project.
C. In accordance with Council Policy F -14, the City Manager provided City Council
with notice on February 9, 2009 of: 1) the permit application; 2) description of the
proposed project; and 3) the intent to contract for professional environmental
assessment services, paid for by funds in an applicant deposit account in excess
of $100,000.
D. Agreement expired prior to completion of assessment and City desires to enter a
new Agreement to ensure that the remaining environmental review process is
carried out in accordance with the California Environmental Quality Act
( "Project').
E. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
F. The principal member[s] of Consultant for purposes of Project, shall be Keeton
Kreitzer.
G. City desires to retain Consultant to complete the professional environmental
assessment services for Project under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of April, 2012, unless terminated eariier as set forth
herein.
• i
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
The February 9, 2009 Agreement provided for compensation in an amount not to
exceed $101,250.00. Due to circumstances beyond the control of the
Consultant, services were not completed prior to the expiration of the term of the
Agreement. The City shall pay Consultant for the remaining services in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit B and incorporated herein by reference.
Compensation for the services shall not exceed Eighty -Eight Thousand, Five
Hundred Sixteen Dollars and 71/100 ($88,516.71) 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
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This Agreement will be administered by Planning Department. Jaime Murillo
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
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
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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.
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
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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. Accentabie 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.
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
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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. (This requirement is waived per the
signed Certificate of Exemption which is attached as Exhibit C)
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:
L 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.
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.
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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.
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
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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. 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.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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
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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.
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
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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: Jaime Murillo
Planning Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3209
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 Boulevard, Suite 305
Tustin, CA 92780
(714)665 -8509
Fax (714) 665 -8539
27. 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 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
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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
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.
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.
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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.
k 9 4 NU N =11 IF -A IEel ki
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APP OVED AS TO FORM:
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Aaron Harp
Assistant City Attorney
for the City of Newport Beach
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CITY OF NEWPORT BEACH,
A Mu ici al Corporation
By: W.,." Z'
Homer Bluda
City Manager
for the City of Newport Beach
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
Leonie Mulvihill
Assistant City Attorney
ATTEST:
Leilani Brown,
City Clerk
4` w
Z-111,
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: - Cr
Dave iff
City Manager
CONSULTANT:
Attachments: Exhibit A — Scope o ervices
Exhibit B — Schedule of Billing Rates
Exhibit C — Certificate of Exemption
Kreitzer
F:\USERS\PLN\Shared\Professional Services Agreements & Contracts\Neutra Medical Arts Building\Keeton-Professional Service
Agreement 2.docx
13
PROPOSAL FOR THE PREPARATION
OF A FOCUSED
DRAFT ENVIRONMENTAL IMPACT REPORT
1901 WESTCLIFF DRIVE - MEDICAL OFFICE
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 (B)
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 - Project 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 three (3) 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 - to-day 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
Proposal for Environmental Consulting Services
1901 WestclfBDrive - Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE— NEWPORT BEACH, CA
Attendance at up to three (3) meetings with City staff and the consultant team.
Estimated Time Frame: As Required
Estimated Budget: $4,800.00
Task Two — Initial StudylNotice 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.environmentat 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,
information and technical analysis prepared by the applicant and /or 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 $3,200.00
Task Three — Sub Consultant Studies
In order to adequately evaluate project - related impacts, it will be necessary to undertake several technical
studies, including:. (1) traffic and circulation; (2) historic resources; (3) noise; and (4) air quality. . These
studies, which will be conducted by the project team members, are identified below:
Traffic Analysis
Historic Resources Assessment
Acoustical Analysis
Air Quality Assessment
Estimated Time: 6 Weeks
Estimated Budget: $56,350.00
Kunzman Associates
Chattel Architecture
Giroux & Associates
Giroux & Associates
Proposal forEnwronmenfal Consulting Services,
1901 Westdiff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
($25,550.00 — Traffic Analysis)
($24,800.00 — Historic Resources Assessment)
($ 3,000.00 — Noise Assessment)
($ 3,000.00 —Air Quality Assessment))
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 subrnitted
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 five issues: (1) Historic Resources; and
(2) Traffic and Circulation; (3) Noise; (4) Air Quality; and (5) Land Use and Planning, 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 Focused EIR
Table of Contents
1901 Westcliff Drive — Medical Office Project
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
12 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
Proposal for Environmental Consulting Services
1901 WestcON Wive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE— NEWPORT BEACH, CA
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
33 Environmental Setting
3.4 History and Evolution of the Proposed Project
3.5 Project Description
3.6 Project Phasing
37 Project Objectives
CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS
4.1 Cultural /Historic Resources
4.2 Traffic and Circulation
4.3 Noise
4.4 Air Quality
4.5 Land Use and Planning
Proposal for Environmental Consulting Services
1901 Westdiff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE— NEWPORT BEACH, CA
CHAPTER 8.0 - 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 Abmatives
6.1.3 Identification of Altematives
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 Altematives
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
CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES
i
CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS j
I,
CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED
r
CHAPTER 12.0 - BIBLIOGRAPHY
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TECHNICAL APPENDIX f
A. Notice of Preparationllnitial Study r
B. NOP Comment Letters
C. Historic Resources Report
D. Traffic Analysis
E. Noise Assessment
F. Ai Quality Analysis
s
Proposal for Environmental Consu*V Services
1991 WestcliBDrAm— Newport Beach
Ja6ary 19, 2009
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PROPOSAL FOR'ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCUFF DRIVE — NEWPORT BEACH, CA
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
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, it feasible. As indicated in the recommended Table
of Contents, the environmental analysis will evaluate potential impacts to culturaVhistoric resources and
traffic and circulation.
It shouid 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.
Proposal for Environmental Consulting Services
1901 Mstc1 fWW— Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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
Beady, 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.).
Standard Conditions
This section of the document will identify specific 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 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 troth Historic 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 dearly 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.
Proposer lorEnvmonmentef consuming Semkes
1901 makmH Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
• 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. Two potential alternatives will be identified by the City during the initial stages of the analysis; a
mabmum of three alternatives will be evaluated in the Draft EIR, including the "no project" altemative as
prescribed by the State CEQA Guidelines.
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.
Proposal for EnWronmental Consulting Swvl=
1901 WestcW Drive —Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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: $17,500,00
Task Five - Preparation of the Ora
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: $3,500.00
Task Six - Response 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
Proposal for Environmental Consulting Services
9901 Westdilf Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE— NEWPORT BEACH, CA
EIR will be prepared that includes a Hating 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 $3,500.00
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 "redline/strikeour 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
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: $3,500.00
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: $2,400.00
Propose! for EnvimnmeMal Consuft Services
1901 WastdiNDdve - Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE— NEWPORT BEACH, CA
II. 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 (8) weeks from issuance of the Notice to Proceed.
This schedule Is presented below.
Task
Dbscri Mien
EsUmdled
Time
1
Project Management
As R uired
2
Initial Stud /Notice of Preparation
3 Weeks
NOP Comment Period
4 Weeks
3
-Preparation of Sub - Consultant Studies
8 Weeks
4
Preparation of Screencheck EIR
8 Weeks
5
Preparation of Draft EIR
2 Weeks
Notice of Completion /Draft EIR Public
Comment Period
5 Weeks
5
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.
'Will be prepared during 45-day EIR Public Comment Period.
Ropwa! forEnOunmentai Consulting Services
1901 Westd if Drive - Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 INESTCLIFF DRIVE — NEWPORT BEACH, CA
Ill. 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 $101,260.00. This fee includes project management, the environmental
impact analysis (including the Draft and Final ERs), printing and distribution of the Draft MR, and
attendance at public hearings.
Proposal for Environmental Consulting Services
1901 Wesld f Drive - Newport Beach
January 19, 2009
12
Esttittaatosi'9(;igat
1901 Westellf :Q Q'Draft EIR
NOwippitikaill, CA.
.
Tagk' .
Desch Ion:
Estlmexed
BUti 9t..
1
Protect Management
$ 4,800.00
2
Initial Stu !Notice of Preparation
$ 3,200,00
3
Sub - Consultant Studies
$ 56 350.00
4
Preparation of Screencheck EIR
$ 17 500.00
5
Preparation of Draft EIR
$ 3.500.00
6
Response to Public Comments
$ 3,500,00'
7
Preparation of Final EIR
$ 1,500.00
8
Preparation of Findings/Mitigation Monitoring
Pr ram/Statement of Overriding Considerations
$ 3,500.00
9
Public Hearings
$ 2,40D.00
Sub -Total - Professional Fees
$ 96,250.
Printing and Reproduction/Supplies/Postage
$ 5,000.w
Total Estimated Budget
$101,260.00
'Estimate only. Subject to review and negotiation based on nature and extent of public comments
received during the public review period.
%cludes and estimate of printing and reproduction costs associated with 5 copies of the Screencheck
EIR, 50 copies of the Draft EIR, and 10 copies of the Final EIR. This fee also includes the NOD filing
fee; however, it does not include the CDFG fees and/or noticing/public costs that may be required.
Proposal for Environmental Consulting Services
1901 Wesld f Drive - Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE —NEWPORT BEACH, CA
IV. RESPONSIBILITY OF PROJECT APPLICANTICITY 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) cultural, historic, and scientific resources assessments; (5) visual
simulations and analysis; (6) traffic and circulation; and (7) Phase I and (if necessary)
Phase II Assessments.
3. A large -scale topographic map (i.e., 1" = 100') of the subject property (in reproducible
form).
4. 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 (e.g.,
Conditional Use Permit) necessary to implement the proposed project.
6. Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan,
etc.
7. PhasingfDevelopment 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- developmenr
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 ConsuMing Services
1901 WesfcliN Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE— 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 $101,260.00. 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: January 19, 2009
Proposal for Environmental Consult7ng Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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Keeton Kreltzer Consulting
Schedule of Fees
Principal /Attendance at Public Hearings
Project Management /Coordination
Report Preparation
Research and Analysis
Graphics
Administration /Word Processing
Printing and Reproduction
Postage and Supplies
Technical Analysis Fees
Effective January 1, 2008
$150.00 1Hour
$115.00 /Hour
$ 90.00 /Hour
$ 75.00 1Hour
$ 60.00 /Hour
$ 40.00 1Hour
Cost + 10%
Cost + 10%
Cost
•
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WORKERS' COMPENSATION DECLARATION
I Keeton K, Kreitzer hereby affirm under penalty of perjury, the
(NanRWe)
following declaration:
I certify on behalf of _Keeton Kreitzer Consulting that during the term of ray
(Organinfion Name)
contract with the City of Newport Beach, I will not employ any person in any manner so
as to become subject to the workers' compensation laws of California, and agree that if I
should become subject to the workers' compensation provisions of Section 3700 of the
Labor Code, I shall forthwith comply with those provisions.
DATE: August 7. 2008
Nam
Title
Telephone: (714) 665 -8509
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES
AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, IIVTEREST, AND ATTORNEY'S FEES.
PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER CONSULTING
FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE 1901 WESTCLIFF
DRIVE MEDICAL OFFICE PROJECT
THIS AGREEMENT is made and entered into as of this 2nd day of February, 2009, 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, Suite 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. City is planning to prepare an environmental assessment of potential
environmental impacts associated with the proposed 1901 Westcliff Drive
Medical Office project.
C. City desires to engage Consultant to ensure that the environmental review
process is carried out 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[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 2nd day of February, 2010, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
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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 One Thousand, Two Hundred Fifty Dollars and no /100
($101,250.00) 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 Planning Department. Jaime Murillo
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.
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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
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.
i. 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. (This requirement is waived per the
signed Certificate of Exemption which is attached as Exhibit C)
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:
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. 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.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
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competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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 Boulevard, Suite 305
Tustin, CA 92780
(714)665 -8509
Fax(714)665 -8539
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27. 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.
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
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.
if,
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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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APP OVED AS TO FORM:
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Aaron Harp
Assistant City Attorney
for the City of Newport Beach
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CITY OF NEWPORT BEACH,
A Mu ici al Corporation
�
By:
Omer Bluda
City Manager
for the City of Newport Beach
FOR
Leilani Brown,
City Clerk
Y:
Keeton Kreitzer Consulting
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Certificate of Exemption
F:\Users\PLN\Shared\Professional Services Agreements & Contracts\Neutra Medical Arts Building\Keeton-Professional Service
Agreement.doc
14
PROPOSAL FOR THE PREPARATION
OF A FOCUSED
DRAFT ENVIRONMENTAL IMPACT REPORT
1901 WESTCLIFF DRIVE - MEDICAL OFFICE
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 three (3) 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
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
Attendance at up to three (3) meetings with City staff and the consultant team.
Estimated Time Frame: As Required
Estimated Budget: $4,800.00
Task Two — 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,
information and technical analysis prepared by the applicant and /or applicant's 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: $3,200.00
Task Three — Sub Consultant Studies
In order to adequately evaluate project - related impacts, it will be necessary to undertake several technical
studies, including: (1) traffic and circulation; (2) historic resources; (3) noise; and (4) air quality. . These
studies, which will be conducted by the project team members, are identified below:
Traffic Analysis Kunzman Associates
Historic Resources Assessment Chattel Architecture
Acoustical Analysis Giroux & Associates
Air Quality Assessment Giroux & Associates
Estimated Time: 6 Weeks
Estimated Budget: $56,350.00
Proposal for Environmental Consulting Seances
1901 Wesicliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1909 WESTCLIFF DRIVE — NEWPORT BEACH, CA
($25,550.00 — Traffic Analysis)
($24,800.00 — Historic Resources Assessment)
($ 3,000.00 — Noise Assessment)
($ 3,000.00 — Air Quality Assessment))
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 five issues: (1) Historic Resources; and
(2) Traffic and Circulation; (3) Noise; (4) Air Quality; and (5) Land Use and Planning, 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 Focused EIR
Table of Contents
1801 Westcliff Drive — Medical Office Project
Newport Beach, CA
CHAPTER 1.0 - EXECUTIVE SUMMARY
1.1 Description of the Proposed Project
11.1
Project Location
1.1.2
Project Description
1.1.3
Project Phasing
1.1.4
Project Objectives
1.2 Alternatives
1.2.1 Summary of Alternatives
1.2.2 Environmentally Superior Alternative
1.3 Areas of Controversy
1.4 Issues to be Resolved
1.5 Impact Summary Table
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
CHAPTER 2.0 - INTRODUCTION
2.1 Purpose of the Draft EIR
2.1.1 Authority
2.12 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
CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS
4.1 Cultural /Historic Resources
4.2 Traffic and Circulation
4.3 Noise
4.4 Air Quality
4.5 Land Use and Planning
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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
CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES
CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS
CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED
CHAPTER 12.0 - BIBLIOGRAPHY
TECHNICAL APPENDIX
A.
Notice of Preparation /Initial Study
B.
NOP Comment Letters
C.
Historic Resources Report
D.
Traffic Analysis
E.
Noise Assessment
F.
Ai Quality Analysis
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE —NEWPORT BEACH, CA
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
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.
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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 total (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.).
Standard Conditions
This section of the document will identify specific 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 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 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.
Proposal for Environmental Consulting Services
1901 WestcliN Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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. Two potential alternatives will be identified by the City during the initial stages of the analysis; a
maximum of three alternatives will be evaluated in the Draft EIR, including the "no project' alternative as
prescribed by the State CEQA Guidelines.
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.
Proposal for Environmental Consulting Services
1901 Westcli f Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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: $17,500.00
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: $3,500.00
Task Six - Response 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
Proposal for Environmental Consulting services
1901 WestcliH Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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: $3,500.00
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 "redline /strikeout' 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
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: $3,500.00
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: $2,400.00
Proposal for Environmental Consulting Services
9901 Westcliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE— 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 (8) weeks from issuance of the Notice to Proceed.
This schedule is presented below.
Task
Description
Estimated
Time
1
Project Mana ement
As Re uired
2
Initial Stud /Notice of Preparation
3 Weeks
NOP Comment Period
4 Weeks
3
Preparation of Sub - Consultant Studies
6 Weeks
4
Preparation of Screencheck EIR
8 Weeks
5
Preparation of Draft EIR
2 Weeks
Notice of Completion /Draft EIR Public
Comment Period
6 Weeks
6
Response to Comments
2 Weeks
7
Preparation of Final EIR
2 Weeks
8
Preparation of Findings/Mitigation Monitoring
Program /Statement
of Overriding Considerations
4 WeekS2
9
Public Hearings
As Required
1Includes City Review.
ZWill be prepared Burin 45-day EIR Public Comment Period.
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — 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 $101,250.00. 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.
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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Estimated Budget
1901 Westcliff Drive Draft EIR
Newport Beach, CA
Estimated
Task
Descri tion
I
Budget
1
Project Management
$ 4,800.00
2
Initial Stud /Notice of Preparation
$ 3,200.00
3
Sub -Consultant Studies
$ 56 350.00
4
Preparation of Screencheck EIR
$ 17 500.00
5
Pre aration of Draft EIR
$ 3,500.00
6
Response to Public Comments
$ 3,500.00
7
Preparation of Final EIR
$ 1,500.00
8
Preparation of Findings /Mitigation Monitoring
$ 3,500.00
Program/Statement of Overriding Considerations
9
Public Hearings
$ 2,400.00
Sub -Total - Professional Fees
$ 96,250.00
Printing and Reproduction/Supplies/Postage
$ 5,000.00
Total Estimated Budget
$101,250.00
'Estimate only.
Subject to review and negotiation based on nature and extent of public comments
received during the public review period.
2Includes and estimate of printing and reproduction costs associated with 5 copies of the Screencheck
EIR, 50 copies
of the Draft EIR, and 10 copies of the Final EIR. This fee also includes the NOD filing
fee; however, it
does not include the CDFG fees and /or noticing /public_costs that may
be required.
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE —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) cultural, historic, and scientific resources assessments; (5) visual
simulations and analysis; (6) traffic and circulation; and (7) Phase I and (if necessary)
Phase 11 Assessments.
3. A large -scale topographic map (i.e., T' = 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 (e.g.,
Conditional Use Permit) 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
1901 WestcliH Drive — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — 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 $101,250.00. 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: January 19, 2009
Proposal for Environmental Consulting Services
1901 Westcliff Drive — Newport Beach
January 19, 2009
14
Keeton Kreitzer Consulting
Schedule of Fees
Principal /Attendance at Public Hearings
$ 150.00 /Hour
Project Management /Coordination
$115. OOIHour
Report Preparation
$ 90.00 /Hour
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
0
0
WORKERS' COMPENSATION DECLARATION
I Keeton K. Kreitzer hereby affirm under penalty of perjury, the
(Name/Title)
following declaration:
I certify on behalf of Keeton Kreitzer Consulting that during the term of my
(Organization Name)
contract with the City of Newport Beach, i will not employ any person in any manner so
as to become subject to the workers' compensation laws of California, and agree that if I
should become subject to the workers' compensation provisions of Section 3700 of the
Labor Code,1 shall forthwith comply with those provisions.
DATE: August 7, 2008
0
Nam
Title
Telephone: (714) 665 -8509
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS
UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRM41NAL PENALTIES
AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN
ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR
IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
FEB 10 20
Agenda Item No. 9
February 10, 2009
TO. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Jaime Murillo, Associate Planner
(949) 644 -3209, imurilloC &-city.newport-beach.ca.us
SUBJECT: Contract for Environmental Consulting Services
1901 Westcliff Dr. — Mariner's Medical Arts Building
Environmental Impact Report (EIR)
APPLICANT: Westcliff Investors, LLC
ISSUE
In accordance with Council Policy F -14 (Authority to Contract for Services), the City
Manager shall provide notice of a permit application and a brief description of the
proposed project to the City Council when a contract for professional services is paid for
by funds in an applicant deposit account and the total cost for services exceeds
$100,000.
RECOMMENDATION
Receive and File.
DISCUSSION
This report is intended to provide notice to the City Council of a contract for professional
services between the City of Newport Beach and Keeton Kreitzer Consulting for the
preparation of a Draft Environmental Impact Report (DEIR) associated with a project to
expand the existing Mariner's Medical Arts building located at 1901 Westcliff Drive. The
building has been identified as the 1963 work of 20th -century American master architect
Richard Neutra. Chattel Architecture has prepared a historic resource assessment of
the property, which identifies the building as one of the best and few remaining
examples of Richard Neutra's medical buildings and concluded that the building is
considered a historic resource under the California Environmental Quality Act (CEQA).
As such, any alteration or demolition requires the preparation of an Environmental
Impact Report (EIR).
10
February 10, 2009
Page 2
The project involves a minor addition to the original building, designed in accordance
with the Secretary of the Interior's Standards for the Treatment of Historic Properties,
while preserving and rehabilitating the original structure. Approval of a Traffic Study is
also being requested pursuant to the City of Newport Beach Traffic Phasing Ordinance
(TPO). The contract is in the amount of $101,250.00, which will be paid for by the
project applicant (Westcliff Investors. LLC).
The DER for the project will analyze any potential significant effects resulting from
project implementation and will identify any mitigation measures and reasonable
alternatives to avoid such significant effects.
Prepared by:
Jeii�Sie Murillo, Associa a Planner
Attachments:
1. Draft Professional Services Agreement
F:Wsers1PLN%SharedWrorassi0nal Services Agmemerft & ContradsWeutra Medical Ads Buildinq%Coundl Report02102009.d0a
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PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER CONSULTING
FOR ENVIRONMENTAL_ CONSULTING SERVICES FOR THE 1901 WESTCLIFF
DRIVE MEDICAL OFFICE PROJECT
THIS AGREEMENT is made and entered into as of this 2nd day of February, 2009, 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, Suite 305, Tustin, California, 82780 ( "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. City is planning to prepare an environmental assessment of potential
environmental impacts associated with the proposed 1901 Westcliff Drive
Medical Office project.
C. City desires to engage Consultant to ensure that the environmental review
process is carried out 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[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 ten-ns 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 2nd day of February, 2010, unless terminated earlier as set forth
herein.
2, SERVICES TO BE PERFORMED
• •
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 Adm'in'istrator 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 One Thousand, Two Hundred Fifty Dollars and no/100
($101,250.00) 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
EA
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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 Planning Department. Jaime Murillo
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 Citys 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.
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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, gfficers, 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 attorneys 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 Citys 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 Regurrements.
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. (This requirement is waived per the
signed Certificate of Exemption which is attached as Exhibit C)
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.
Ill. 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:
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 Consultants 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 insuritag 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
Consultants 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 suboonsultants 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. 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.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
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competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
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 shalt be
addressed to Consultant at:
Attention: Keeton Kreitzer
Keeton Kreitzer Consulting
17291 Irvine Boulevard, Suite 305
Tustin, CA 92780
(714)665 -8509
Fax (714) 665 -8539
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27. 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 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
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. i
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.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Aaron Harp
Assistant City Attorney
for the City of Newport Beach
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
Homer Bludau
City Manager
for the City of Newport Beach
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ATTEST: CONSULTANT:
By= By: l�Uu r ivwwu
LaVonne Harldess, Keeton Kreitzer Consulting
City Clerk
Attachments: Exhibit A -- Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Certificate of Exemption
F:1Usen;MPLNS8hared%Professional Services Agreements 8 ContradsWautre Medical Aft auikkigWeeton- Professional Service
Agmement.doc
•
PROPOSAL FOR THE PREPARATION
OF A FOCUSED
DRAFT ENVIRONMENTAL IMPACT REPORT
1901 WESTCLIFF DRIVE - MEDICAL OFFICE
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.
41 .a a u- 5 -.
Project management will be an integral pan 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, andlor other agencies having an interest in the proposed
Project. Specifically, this task will accommodate up to three (3) 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 info the Draft EIR;
Consultation with the City of Newport Beach staff and other responsible agencies as
determined necessary; and
Proposal forEnwronmentai Consulting Services
1901 wastdff Drha — Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
Attendance at up to three (3) meetings with City staff and the consultant team.
Estimated Time Frame; As Required
Estimated Budget: $4,800.00
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, information and technical analysis prepared by the applicant and/or applicant's 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 MOP, 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: $3,200.00
In order to adequately evaluate project- related impacts, it will be necessary to undertake several technical
studies, including: (1) traffic and circulation; (2) historic resources; (3) noise; and (4) air quality. - These
studies, which will be conducted by the project team members, are identified below.
Traffic Analysis
Kunzman Associates
Historic Resources Assessment
Chattel Architecture
Acoustical Analysis
Giroux & Associates
Air Quality Assessment
Giroux & Associates
Estimated Time: 6 Weeks
Estimated Budget: $56,350.00
Pmposaf forEnwMnmentaf Omsuf9ng Services
1901 WestdifrDave - hfawPW Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE —NEWPORT BEACH, CA
($25,550.00 — Traffic Analysis)
($24,800.00 — Historic Resources Assessment)
($ 3,000.00 — Noise Assessment)
($ 3,000.00 —Air Quality Assessment))
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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 Me Draft EIR. This work effort will
encompass both primary and secondary research to establish die 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 five issues: (1) Historic Resources;
and (2) Traffic and Circulation; (3) Noise; (4) Air Quality; and (5) Land Use and Planning, 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 Focused EIR
Table of Contents
1901 Westcliff Drive — Medical Office Project
Newport Beach, CA
CHAPTER 1.0 - EXECUTIVE SUMMARY
1.1 Description of the Proposed Project
1.1.1
Project Location
1.1.2
Project Description
1.1.3
Project Phasing
1.1.4
Project Objectives
1.2 Alternatives
1.2.1 Summary of Alternatives
1.2.2 Environmentally SuperiorNtemative
1.3 Areas of Controversy
1.4 Issues to be Resolved
1.5 Impact Summary Table
PmPosel rorEnvlmnmenW Consulting Senwas
1801 WadCW 0, v — Newport H69oh
January 19,200
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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
22 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
22.6 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
CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS
4.1 CuituraUHistoric Resources
4.2 Traffic and Circulation
4.3 Noise
4.4 Air Quality
4.5 Land Use and Planning
Propose EnvhonnWtal Censu&V Services
1901 We"ifrtnve —rtwp wt888,0
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 tNESTCLIFF DRIVE — NEWPORT BEACH, CA
CHAPTER 6.0 - 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
CriteriaofARematives
6.1.3
Identification of Alternatives
6.2 Analysis of Alternatives
6.2.1
No Project Alternative
6.22
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
CHAPTER 9.0 - INVENTORY OF MITIGATION MEASURES
CHAPTER 10.0 - INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS
CHAPTER 11.0 - ORGANIZATIONS AND PERSONS CONSULTED
CHAPTER 12.0 - BIBLIOGRAPHY
TECHNICAL APPENDIX
A.
Notice of Preparationllnitial Study
B.
NOP Comment Letters
C.
Historic Resources Report
D.
Traffic Analysis
E.
Noise Assessment
F.
Ai Quality Analysis
AwoWforEnvlronmentat Consuf6n9 Services
190114t"ff Diva — Newpowt Bowl;
January 19. 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1801 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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 v411 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. IbW 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 imparts or consequences that may result
from implementation of the proposed project. This section will contain the environmental analysis for
each 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 repot 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 envkonmerdal analysis will evaluate potential impacts to aAiusalihistoric resources and
traffic and dreulaWn.
It should be noted that the two technical studies (Le., historic resources assessment and URM impact
analysis) prepared bylfor 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 fadlitats 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.
Proposal W EnwrannWtai rxrraulft Services
1901 ~dff Ddve — Newport aeaa
January 19, 2002
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
9901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
Eldsting 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.).
Standard Conditions
This section of the document will identify specific 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 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 Resources and Traffic and Circulation w411 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 identifylrecommend
appropriate mitigation measures to ensure that the environmental consequences are eliminated
or reduced to a less than significant level, 9 feasible. All project- related impacts, including those
associated with all phases of the proposed project, will be dearly 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 ...
Pmposaf WEnvvonmental Cansulting Services
1901 WaslcffDdve— Newport Beach
Januery 19, 2009
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PROPOSAL FOR ENVIR01MENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
for each sg7ftent environmental effect ideniified in the E /R', as prescribed in the State CEQA
Guidelines.
Proposer for Eowmnmentaf Owmthn9 services
1904 WesfdiffDnve— NewPo(t Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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.
8.0 Alternatives to the Proposed Project
Chapter 6.0 will provide a qualitative impact analysis of the alternatives identified by the City of Newport
Beach. Two potential alternatves well be identified by the City during the initial stages of the analysis; a
mandmum of three alternatives wJR be evaluated in the Draft EIR, including the `no project' alternative as
prescribed by the State CEQA Qutdefines.
TO 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.
Proposal for Envlronnnntoi Consul"g Services
1901 We" Ddw —AfewW aeadr
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — NEWPORT BEACH, CA
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) when: 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 Screenchack EIR, the EIR consultant will print five (5) copies of the document
and submit them to the City's Planting Department for review and comment.
Estimated Time Frame: 6 Weeks
Estimated Budget: $17,500.00
zM9=.-r.t 1v rr:
AR 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 EtR. It is
anticipated that the City s review will be completed within a two -week period. The City will review tha
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
emrm rimental 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: $3,500.00
Task Six - RespMse to Public Comments
At the end of the State- mandated 464ay 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
Piopoml fbrFviw nr tal consuNny Serwm
1901 W6WWDrrM— Newp0rl Beach
denuary 19.209
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 INESTCLIFF DRIVE - NEWPORT BEACH, CA
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 $3,500.00
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 primed
and submitted to the Planning Department,
Estimated Time Frame: 2 Weeks
Estimated Budget $1,500.00
Task Eight - Mitigation Monitoring Program ndkrgslStatement gf erridna 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 Beads 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
Findings of Fad and Statement of Overriding Consideration, if determined necessary (Le.. unavoidable
significant adverse impacts), will also be prepared and submitted to the City for review and presentation
to the City of Newport Beach Plarvting Commission and City Council for certification prior to approval of
the proposed project.
Estimated Time Frame: 4 Weeks
Estimated Budget: $3,500.00
ItF-- .7
The The EIR consultant will attend all public hearings, including those of the Newport Beads 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: $2,400.00
PYapowl forEnvftwnentat Consuftg Services
1901 Wes"ff Dive— Newport Beach
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCUFF DRIVE— NEWPORT BEACH, CA
IL 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 (8) weeks from issuance of the Notice to Proceed.
This schedule is presented below.
T.
,...: ....r.:DesdN" Ioi1::r,.;G':. :.
Estf..- ...: .
ma
.'Time'.;;_: =:`:
1
P
As Rqqulred
2
Initial St (Notice of Preparation
3 Weeks
NOP Comment Period
4 Weeks
3
Preguation, of Sub - Consultant Studies
6 Weeks
4
Preparatim of Screencheck EIR
8 Weeks
5
Prevaration of Draft EIR
2 Weeks
Notice of CompiationlDraft EIR Public
Comment Period
6 Weeks
6
Response to Comments
2 Weeks
7
Preparation of final EIR
2 Weeks
8
Preparation of FindingslMitigabon Monitoring
Program/Statement
of Ovenidina Considerations
4 Weeks'
9
Public Hearings
As R wired
L2 l,lncludes City Review.
11 be Prepared during 45-day EIR Public Comment Period.
Proposal for Emsmunenfel Consultlng Services
1901 Wesldlf Drive — Newpwt Beach
January 19. 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE— NEWPORT BEACH, CA
Ill. 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 $101,250.00. 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.
Estimatetl
1901'V!/619tcliffbA"braftElR'.
_ -- Newobrt Beach`,CA .. ;. _, . .. � ....::.:: . :. ::...:......
:T1sl
1
Project Management
$ 4,800.00
2
Initial StudyMotice of Preparation
$ 3,200.00
3
Sub - Consultant Studies
$ 56 350.00
4
Preparation of Screencheck EIR
$ 17 500.00
5
-Preparation of Draft EIR
$ 3,600.00
6
Response to Public Comments
$ 3,500.00'
7
Preparation of Final EIR
$ 1.5m.00
8
Preparation of FindingslMitigafiwl Monitoring
Program/Statement of Overriding Considerations
$ 3,500.00
9
Public Hearings
$ 2,400.00
Sub -Total - Professional Fees
$ 96,250.00
Printing and Reproduction/Supplies/Postage
$ 5,000m,
Total ftUmated Budget
$101,260.00
'Estimate only. Subject to review and negotiation based on nature and extent of public comments
received during the public review period.
2includes and estimate of printing and reproduction costs associated with 5 copies of the Screencheck
EIR, 50 copies of the Draft EIR, and 10 dies of the Final EIR. This fee also includes the NOD filing
Proposal rorEnvironmenlar ConsuiW Services
1901 Wmtdllf Drive - Newport Boaa
January 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCUFF DRIVE — NEWPORT BEACH, CA
IV. RESPONSIBILITY OF PROJECT APPLICANTICITY 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) cultural, historic, and scientfic resources assessments; (5) visual
simulations and analysis; (6) traffic and circulation; and (7) Phase I and (if necessary)
Phase it Assessments.
1 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
(e.g., Conditional Use Permit) necessary to implement the proposed project.
6_ Conceptual Development Plan, Conceptual Grading Plan, Conceptual Circulation Plan,
etc.
7. Phasfq/Development Plan that provides statistical summary of the anticipated sequence
of development
a. Large -scale plans reflecting grading and site design.
9. Cross - sections and visual simulations illustrating "epsHrg' 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.
Pmposaf for EnWrcnmarM Conwl" Services
1901 "s1diff0dve— Nawpartaeach
Janwty 19, 2009
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PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
1901 WESTCLIFF DRIVE — 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 $101,250.00. This offer is
valid for a period of sixty (60) days. k 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. Kretlzer, Principal, is the individual authorized to bind the offer made above.
Offer Presented By:
Keeton K. Kredzer, Principal
KEETON KREITZER OONSULTING
Date: January 19, 2009
Proposal far Envlronme W Consuftlng Senk es
1901 WasrcW D&O— Newport Beach
January 19, 2009
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January 16, 2009
Mr. Keeton Kreitzer
KEETON KREITZER CONSULTING
17291 Irvine Boulevard, Suite 305
Tustin, CA 92780 -1947
Dear Mr. Kreitzer:
The firm of Kunzman Associates is pleased to submit this proposed agreement to provide
professional engineering services for a trafficiparking analysis for the 1901 Westcliff Drive
project in the City of Newport Beach. This proposal outlines a scope of work based on the
information provided by you, and our understanding of the requirements of this traffic/parldng
analysis.
The proposed project would require an Expanded Traffic Phasing Ordinance (TPO) traffic
analysis to determine the impact of the subject project on the City of Newport Beach traffic
circulation system. In addition to a standard TPO study, the traffic study is required to include a
cumulative traffic analysis consistent with the California Environmental Quality Act (CEQA),
examine project access and on -site circulation. The cumulative traffic analysis includes
reasonably foreseeable projects, which have not yet been approved. The scenarios to be
evaluated are:
• Existing Conditions (Standard TPO);
• Existing Plus Approved Projects (Standard TPO);
• Existing Plus Approved Projects Plus Project (Standard TPO);
• Existing Plus Approved Projects Plus Cumulative Projects (Cumulative Traffic Analysis);
and
• Existing Plus Approved Projects Plus Cumulative Projects Plus Project (Cumulative
Traffic Analysis).
SCOPE OF WORK
The traffic/parldrig analysis will consist of preparing an objective report suitable for submission
to the reviewing agency. The report will be prepared in accordance with accepted professional
transportation engineering standards. The final illustrated report will summarize the
traffictparking analysis findings, methodology, and supportive data. It will quantify existing traffic
conditions, traffic conditions upon project completion, and recommend mitigation measures.
1111 TowN & Coun my RoAO, Sutra 34, OR&mm CA 92888.4667
NoAc (714) 973-8383 ■ FA)c (714) 973 -8921 : TOLL Rum (877) 972 -1720
www.rnAFFIC- EMINE£x coM
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Specifically, the traffic impact analysis will consist of (1) conducting a field survey; (2)
documenting existing traffic conditions; (3) determining project traffic generation based upon the
Institute of Transportation Engineers, Trio Generation, 8th Edition, 2008; (4) distributing the
project traffic generation to the street system; (6) determining the project's traffic impacts; (6)
analyzing site access locations; (7) examining internal circulation including emergency vehicle
access; (8) verifying parking code requirements; (9) mitigating the impacts; and (10) preparing
a written report, Feasible mitigation measures (including concept plans and costs) will be
recommended for ail significantly impacted study area intersections.
Specifically, the parking analysis will consist of (1) obtaining the latest City of Newport Beach
parking code requirements; (2) conducting a field survey of the existing and adjacent offices; (3)
documenting the existing number of on -site parking spaces provided; (4) conducting parking
surveys on two typical weekdays from 6:00 AM to 6:00 PM; and (5) preparing a written report.
The trafficlparking analysis will include calculation of project contribution at the study area
intersections during the morning and evening peak hours on a typical weekday. The precise
study area intersection locations will be identified based upon discussions with City of Newport
Beach staff.
The Gibes of Newport Beach /Costa Mesa will provide morning and evening peak hour
intersection counts for the following study area intersection locations:
Newport Boulevard (NS) at:
19th Street (EW) — City of Costa Mesa/CalTrans
Harbor Boulevard (EW) — City of Costa Mesa/CalTrans
18th Street (EW) — City of Costa McWCalTrans
17th Street (EW) — City of Costa Mesa/CalTrans
Orange Avenue (NS) at:
17th Street (EW) — City of Costa Mesa
Santa Ana Avenue (NS) at:
17th Street (EW) — City of Costa Mesa
Riverside Avenue (NS) at:
West Coast Highway (EW) — City of Newport Beach/Ca)Trans
Tustin Avenue (NS) at:
17th Street (EW) — City of Costa Mesa
West Coast Highway (EW) — City of Newport Beach/CalTrans
Irvine Avenue (NS) at:
19th Street (EW) — Cities of Newport Beach/Costa Mesa
17th StreetlWestc iff Drive (EW) — Cities of Newport Beach /Costa Mesa
lin Tower & Coummy Rono Sucre 34, CRAmm. CA 92869.4667
PnotL 07141 973-53 6 3 ■ Fw)c (T4) 873 -8921 a Tou Free (8771971 -1220
www.'rxwrerC- eraen.EER40M
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Dover Drive (NS) at:
Westcliff Drive (EW) — City of Newport Beach
16th Street (EW) — City of Newport Beach
West Coast Highway (EW) — City of Newport Beach/CalTrans
Bayside Drive (NS) at:
East Coast Highway (EW) — City of Newport Beach/CarTfans
The City of Newport Beach intersections will be analyzed with the City of Newport Beach
methodology and significance criteria-
The City of Costa Mesa intersections will be analyzed with the City of Costa Mesa methodology
and significance criteria. The City of Costa Mesa study area intersections will be analyzed for
one year after Opening Year.
The CalTrans intersections will be analyzed with the CalTrans methodology and sgnficance
criteria.
If the intersection is multiple jurisdictions, then all methodologies and significance criteria's will
be applied.
RESPONSES TO COMMENTS
Review one set of governmental agency comments, whether verbal or written, and revise the
draft traffidparking analysis (if necessary). Prepare responses to public comments received
during the public review period associated with the CEQA document
MEETING ATTENDANCE
The proposed fee includes attendance at up to two public hearings, which may be required to
secure approval of the project. If additional meetings are required and requested, attendance at
follow -up meetings or hearings will be bitted on a time -and- materials basis.
COPIES OF REPORT
Four copies (three bound and one PDF for the client's use) of the draft and final traffidparking
analysis will be prepared and submitted to the client.
TIME SCHEDULE
It is estimated that the traffic/parking analysis wig take approximately 25 working days to
complete from the date of authorization, and date of receipt of data essential for the study.
Additionally, any delays resulting from circumstances beyond our control such as, but not limited
to, illness, equipment malfunction, weather, or employee departure, shall extend the time
schedule. The 25 working days does not include revising the draft traffic/parking analysis.
1111 TOWN & CouNMY Row, Sum 3,t ORANGE, CA 92866.4667
NoNe (714) 973-8383 s FAX: (714) 873 -8821 a Tolu FREE: (877) 972 -1220
W W W.TRAFFIC•ENGINEER.CW
3 y
QUALIFICATIONS
Kunzman Associates is located in the City of Orange and specializes in transportation planning
for governmental agencies and the business community. The firm has highly qualified
personnel with experience throughout Southern California at the regional, local, and individual
Project level. The experience of the firm's personnel in transportation planning and traffic
operations for new planned communities, as well as established areas provides the special
skills necessary for determining imaginative, practical, and meaningful solutions to
transportation problems. The firm was established in 1976 by William Kurtzman, P.E., and
since then the firm has completed over 3,000 transportation studies for over 800 different
clients.
Carl Ballard will be Kunzman Associates' project manager and assure that manpower and
material resources are allocated to complete the project on time and within the budget. Since
1982, his work experience includes site access evaluation, intersection capacity analysis, traffic
forecasting, circulation planning, traffic impact studies, and transportation demand management
plans. His education includes completing undergraduate studies in mathematics at California
State University, Fullerton (1986).
EXPERIENCE DIRECTLY RELEVANT
Kunzman Associates has extensive experience in working with projects in the City of Newport
Beach. Kunzman Associates personnel have conducted numerous traffic/parking analyses
within the study area over the past 30 years.
COMPENSATION
The maximum fee is $25,550 for the traffidparking analysis. The fee will be based on hours
worked and is a maximum not to be exceeded without prior approval from you or your
authorized representative.
The fee includes Kunzman Associates maintaining broad form general liability insurance,
workman compensation insurance, and professional liability insurance; however, any insurance
required by the client above that currently maintained by Kunzman Associates shall be a
reimbursable expense in addition to the total fee quoted. The Client agrees to limit the design
professional's liability to the client and to all construction contractors and subcontractors on the
project, due to the design professional's negligent ads, errors, or omissions, such that the total
aggregate liability of the design professional to all those named shall not exceed $1,000,000.
In the event that a lawsuit is brought for the enforcement of any of the tennis of this agreement,
the prevailing party shall be entitled to attorney fees and costs.
1111 Town & Couwmy Rom), Score 34, ORANGE, CA 92968 -4667
PdaNL (714) 973 -8393 ■ FAx (714) 973 -8821 ■ Tou 17 i (9771372 -MO
www.TnAFRC- VQG1NEER )0M
3N
11
This letter can serve as a memorandum of agreement and our authorization to proceed. Please
sign one copy and return it to us for our files. We are looking forward to serving you on this
project.
Respectfully submitted,
KUNZMAN ASSOCIATES
Q�
Carl Ballard
Principal Associate
#4272
cc: Mr. David Keely, CITY OF NEWPORT BEACH
CONTRACT APPROVAL,
Approved by:
Title:
Finn:
Date:
Place of Execution:
1111 TOWN & Calwmy Rono Sulre 34 ORANGE, CA 9286%4W
pmoNL (714) 973 -83s3 r FAx (714) 9738621 a Tom Free t9771972 -1220
W W W.TRAFFI6EW1NEMCOM
3�
9 •
(Effective January, 2004)
Classification Hourly Rate
Principal
$150.00
Principal Associate
$125.00
Senior Associate
$125.00
Associate
$100.00
Junior Associate
$ 75.00
Technician
$ 40.00
Secretary
$ 40.00
General Provisions of MEMment
1. Travel, reproduction, and supply costs are billed at cost
2. Hourly rates apply to work fire as well as travel time and waiting time, which occur at meetings, public
hearings, depositions, or court testimony..
3. Statements will be submitted monthly for work in progress or upon completion of work. Statements are
payable within 30 days of the statement date_ Any invoice unpaid after 30 days shall be subject to a service
charge of the ma>amum interest rate allowed by law or two percent per month, whichever is less.
4. Client hereby agrees that the balance in a billing statement is correct and binding unless the client notifies
the consultant in writing within fifteen days of the date of billing and informs consultant of the alleged
incorrect item.
5. All documents produced as a result of this agreement may be used by the consultant without consent from
the client
6. The consultant makes no warranty as to his findings except that the work is performed using generally
accepted methods.
7. The consultant will format the report according to diem instructions at the beginning of the project, or in the
absence of such instructions, in a format chosen by the consultant and consistent with accepted
professional transportation engineering studies.
8. The consultant will produce an objective, professional report, and may not arrive at the findings desired by
the client
9. The client agrees to limit the consultants liability to the dient, because of professional negligent acts, errors,
or omissions by the consultant, to the consultants fee.
10. Any controversy or claim arising out of or relating to this contract or the breach thereof, shall be settled by
arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the
award rendered by the arbitration may be entered in any court having Jurisdiction hereot
11. Where Kunzman initiates arbitration proceedings relating to this contract, any resultant fees to process
arbitration, such as filing fees and attorney fees, all shall be bore by the client.
12. If any tens, condition, or provision of this Agreement is declared void, unenforceable, or limited In its
application or effect such event shall not affect any other provisions hereof and all of the provisions shall
remain fully enforceable.
1111 TOWN & COUNmY Rona Suns 34, OsnNCr; CA 92868 -4667
PHONE (714) 973 -8383 ■ FAx: (714) 973.8821 ■ TOLL FREE (677) 972 -1220
3�
9 0
Chuffel Architedure Nnnri .- 3 F wxarr 3iar, Inc.
January 21, 2009
VIA EMAIL
Keeton Kretizer
Keeton Kreifzer Consulting
17291 Irvine Blvd, #305
Tustin CA 92780
Re: Proposal for Historic Preservation Consulting Services
1901 Westcliff Drive, Newport Beach, CA
Dear Keeton,
As follow -up to our meeting with City of Newport Beach staff and the project applicant regarding
Mariner Medical Building at 1901 Westcliff Drive (hereinafter "subject property"), we are pleased
to submit this proposal for historic preservation consulting services. Based on our current
understanding, the project is proposed to be reduced to include only the new addition located in
the existing surface parking lot at the rear of the subject property. No further analysis of the
multi-phase original project which included demolition is proposed to be considered in the EIR.
Based on our historic resource assessment report dated January 6, 2009, the subject property
is an historical resource for the purposes of the California Environmental Quality Act (CEQA).
The core of this EIR will be the historical resource impacts evaluation and review of.altematives
that seek to lessen or eliminate significant impacts. We will utilize the Secretary of the Interiors
Standards for the Treatment of Historic Properties (Secretary's Standards) as design guidelines
in evaluating the proposed proj ect and any altematives. We propose to collaborate with city
staff, other consultants and the applicant team to conceptualize a proposed project which both
meets the applicant's objectives and conforms to the Secretary's Standards. We would also
collaborate to conceptualize feasible alternatives which minimize impacts of the proposed new
addition on the subject property and appropriate mitigation measures. We will prepare our
historical resource impacts evaluation in the form of a drop4n EIR section to incorporate into the
draft and final EIR documents and we will participate in up to five public hearings.
Chattel Architecture, Planning & Preservation, Inc. is a full service historic preservation
consulting firm with statewide practice. The firm represents govem mental agencies and private
ventures, successfully balancing project goals with a myriad of historic preservation regulations
without sacrificing principles on either side. Com prised of professionals meeting the Secretary
of the Interior's Professional Qualifications Standards (36 CFR Part 61, Appendix A) in
architectural history, historic architecture and history, the firm offers professional services ..
including historic resources evaluation and project effects analysis, and consultation on federal,
state and local historic preservation statutes and regulations. Chattel Architecture is committed
to responsible preservation, but recognizes that we live in a real world. Assessing effects on
historic resources requires not only professional expertise, but the ability to work effectively
toward consensus and compromise. We have attached our brief resumes and invite you.to
explore our website www.chattel.us.
fr
•
Mr. Keeton Kreitzer
Keeton Kreitzer Consulting
January 21, 2009
Page 2
1]
In order to facilitate our work, we request clear copies of the following documents:
1. Description for the proposed project,
2. Proposed project plans, studies, sketches, renderings, etc.,
3. Site plan and /or ALTA survey,
We propose to work on a time and materials basis, with a total not to exceed $24,800.00. W e
will utilize the following individuals at stated hourly rates, invoiced and payable monthly:
Name
Title /Area of Expertise
Hourly Rate
Robert Chattel
President/Preservation Architect
$250.00
Susan UCarroll
Principal Associate/Consultant
$150.00
Jenna Snow
Senior Associate
$130.00
Gabrielle Harlan
Associate
$100.00
Kathryn McGee
Junior Associate
$80.00
Justin Graving
Research Associate
$60.00
The following project cost estimate table breaks down hours by task using a weighted average
hourly rate:
Project Cost Estimate
Average
Hours
Hourly Expenses Total
Rate
1 Collaborate to conceptualize a proposed
60
$140.00 $150.00 $8,550.00
project that conforms to the Secretary's
Standards, review and comment on
applicant- prepared design concepts for
conformance with Secretary's Standards,
collaborate on feasible alternatives and
appropriate mitigation measures, prepare
drop -in EIR section evaluating impacts on
historical resource
2 Review and comment on Notice of
15
$140.00 $50.00 $2,150.00
Preparation, alternatives descriptions and
other EIR sections prepared by others for
consistency
3 Prepare responses to comments regarding
50
$140.00 $50.00 $7,050.00
historical resource evaluation, impacts and
alternatives
4 Attendance at meetings including up to five
50
$140.00 $50.00 $7,050.00
public hearings
Total
$24,800.00
Consultant and Client shall I indemnify, defend and hold the other harmless from and against all
claims, costs, demands, liabilities, expenses, damages and losses (including without Imitation
attorney fees) arising out of or in connection with the negligent performance of the services
described in, or breach of, this agreement, by the indemnifying party.
l
0 0
Mr. Keeton Kretizer
Keeton Kreitzer Consulting
January 21, 2009
Page 3
We bill extraordinary expenses of air travel, car rental, hotel, outside photocopy Ing, and film,
processing and printing at cost. As a small business, we require payment of invoices within 30
days. If payment is not received within 30 days of presentation of an invoice, work will stop until
payment is received. If additional services are requested which exceed the total amount stated
above, this agreement will be modified in writing to provide for such additional work and/or
increased dollar amount. Either party may terminate this agreement by providing written notice.
This proposal is good for 30 days.
At your earliest convenience, if this agreement is acceptable, please have the appropriate party
sign below, and return this letter agreement. In order to commence work, we require copies of
the information noted above. Should you have any questions, please call me at (818) 788 -7954
x3 or robert @chatlel.us.
Very truly yours,
CHATTEL ARCHITECTURE, PLANNING & PRESERVATION, INC.
By:
Bert Jay a 1, A,.President
alifomia icense No..C27398
AGREED AND ACCEPTED THIS _ DAY OF 2009
By:
(Signature)
Name:
(Print Name)
Its:
(Title)
V
Chattel Architecture Planning & Preservation, Inc.
ROBERT JAY CHATTEL, AIA
President/Preservation Architect
Both a licensed general contactor and architect in California with more than 25 years'
experience in planning, design and construction, Robert Chattel's unique qualifications include
meeting the Secretary of the Interior's Professional Qualifications Standards in architectural
history and historic architecture. Robert has experience working for non -profit, government, and
for - profit entities, including the Los Angeles Conservancy, the Community Redevelopment
Agency of the City of Los Angeles and a private real estate developer. In 1994, he established
Chattel Architecture, Planning & Preservation, Inc., a Los Angeles -based historic preservation
consulting firm. The firm works on design collaboration, environmental review and preservation
policy projects in California and Nevada. As President, Robert specializes in applying the
Secretary of the Interior's Standards for the Treatment of Historic Properfies and interpreting
federal, state and local historic preservation law and regulations. Current work ranges from
certified rehabilitation projects, particularly those involving conversion of former office buildings
to housing in various California cifies; environmental impact reports, including one recently
certified by the Los Angeles Board of Education concerning the Ambassador Hotel site; and a
general plan update, historic resources survey and preservation element for the City of Orange.
Over the last few years, Robert has also been extensively involved in planning a cultural facility
in the former post office and courthouse in Las Vegas, Nevada, where the Senate Special
Committee to Investigate Organized Crime, also known as the Kefauver committee, held
hearings on organized crime in the early 1950s. Robert and his fine have received awards from
the California Preservation Foundation, Los Angeles Conservancy, American Planning
Association and the City of Los Angeles for projects ranging from preservation of the Beverly
Hills Waterworks (the subject of his master's thesis), to stabilization of the Breed Street Shul in
east Los Angeles and rehabilitation of the downtown Los Angeles Central Library. Robert holds
an A.B. in Architecture from U.C. Berkeley and a M.S. in Historic Preservation from Columbia
University. Mr. Chattel has taught historic preservation for UCLA Extension and the graduate
program in Urban Planning in the UCLA School of Public Policy, and has participated in the
USC historic preservation program. He currently serves on the executive committee of the
California Historical Society board of trustees.
SUSAN O'CARROLL, Ph.D
Principal Associate- ConsultantfPrincipal Planner
Susan O'Carroll has over 20 years of planning experience, and for the last at least 15 years has
worked as a CEQA specialist managing the preparation of Environmental Impact Reports
(EIRs), Negative Declarations, and environmental document critiques. She has managed
preparation of a number of EIRs, Negative Declaration and Mitigated Negative Declaration
documents. Dr. O'Carroll is experienced in preparing EIRs for controversial projects and for
projects where development and evaluation of a range of alternatives is key to clarifying the
environmental issues facing decision- makers. Examples of such projects include Central Area
New Learning Center #1 (Ambassador Hotel site, cultural resources section) for Los Angeles
Unified School District, Rancho Malibu Hotel project, in the City of Malibu, and the Lindero
Canyon Park project, in the City of Westlake Village. She managed preparation of a focused
EIR for a highly controversial project in the City of Beverly Hills, the Chateau Amaz project,
which dealt both with historic issues and development of serious alternatives. The subsequent
project approval was challenged by the preservation community, which sued to overturn the
City's selection of an impact- reducing alternative. The court determined both the EIR and the
City's Findings and Statement of Overriding Considerations to be adequate in that case. Dr.
O'Carroll holds Ph.D and M.PI. degrees in Urban and Regional Planning from the University of
Southern Califomia (USC) and a B.A. in Experimental Psychology from U.C. Santa Barbara.
She served for seven years as a part-time faculty member for the Schools of Public
9 0
Chattel Architecture Planning & Preservation, Inc.
Administration, and Urban and Regional P lanning at USC where she taught courses on policy
analysis, urban economics, transportation planning, and urban studies. During her academ io
career she conducted re search on the relationship of taw and planning, California's coastal
wetlands, the determinates of regional economic growth in Mexico, and environmental policy
JENNA SNOW
Senior Associata/Architectural Historian
With a M.S. in Historic Preservation from Columbia University and a B in Fine Arts focusing
on architectural history from Brandeis University, Jenna Snow's role at Chattel Architecture
includes professional work on a wide variety of historic resource assessment, impacts analyses,
and monitors construction projects for conformance with the Secretary's Standards. Ms. Snow's
credentials include meeting the Secretary of the Interior's Professional Qualifications Standards
in architectural history. She is a regular contributor to environmental impact reports, historic
preservation certification applications and other work associated with historic building
rehabilitation, materials conservation and preservation planning. H or tasks as project manager
for Breed Street Shul Project include working as liaison between the Breed Street Shul Project,
Inc. Board of Directors and various consultants and contractors, as well as communicating with
various granting agencies, including t he Federal Emergency Management Agency and the
Office of Historic Preservation. Prior to joining Chattel Architecture, Ms. Snow worked with New
York City's Department of Design and Construction, Historic Preservation office, where she
helped evaluate and review on -going projects, including development of Historic Weeksville, a
museum complex of three 191h century residences in Brooklyn. While working in Boston, she
was the office manager for The Freedom Trail Foundation as welt as conducted preliminary
research necessary to undertake rehabilitation on Susan B. Anthony's birthplace in Adams,
Massachusetts, In 2004, Ms. Snow participated in an internship through the International
Council of Monuments and Sites in Romania. As part of a recovery team organized by the
Western Regional Office of the National Trust for Historic Preservation, Ms. Snow traveled to
New Orleans and advised victims of hurricane Katrina on appropriate preservation techniques in
response to that disaster.
GABRIELLE HARLAN
Associate/Architectural Historian
With a M.A. in Architectural History from the University of Virginia and a BArch. in Architecture
from the University of Arizona, Gabrielle Harlan is currently a candidate for a Ph.D. in
Architectural and Art History from the University of Virginia. Ms. Harlan's credentials also
include meeting the Secretary of the Interior's Professional Qualifications Standards in
architectural history. Ms. Harlan's role at Chattel Architecture includes professional work on
Multiple Property Nominations. Prior to joining Chattel Architecture, Ms. Harlan worked with
Phoenix, Arizona based Metropolis Design Group, where she developed the historic contexts for
the nomination of twenty-four properties to the National Register of Historic Places. She also
surveyed areas in Clifton, Arizona and Albuquerque, New Mexico to identify National Register
eligible properties. Ms. Harlan worked as a member of a three - person team to research and
develop historic contexts for two early 201" century neighborhoods for the 2002 Historic Chicago
Bungalow Initiative sponsored by Mayor Richard M. Daley, the results of which were submitted
in a Chicago Bungalow Multiple Property Nomination to the National Register of Historic Places.
Ms. Harlan's Master's thesis was on the nationally - recognized Arizona architect, Judith Chafee,
while her dissertation investigates late -19'h and 20'" century American Southwest regional
imagery.
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Chattel Architecture Planning & Preservation, Inc.
KATHRYN MCGEE
Junior AssociatelPlanner
Kathryn McGee holds a Master's of Urban and Regional Planning from the University of
California, Irvine with a focus on preservation planning and a B.A. in Art History from the
University of California, Santa Barbara. Her graduate work culminated In preparation of a report
on preservation planning in S outhern California for the Old Towne Preservation Association in
the City of Orange, CA. Ms. McGee also attended the University of Southern Caiifomia's
summer program in historic preservation. At C hattel Architecture, she performs a wide variety
of work, from historic resource surveys, to preparing cultural resources elements as part of
general plan updates, in her previous experience at McLarand, Vasquez, Emsiek and Partners
in Irvine, she developed an Im age library for urban planning, which included photographing
residential, commercial, and mixed -use development to use in creation of conceptual image
boards for new projects. As program coordinator for the Orange County Business Incubation
Network, a public benefit initiative of UC Irvine, she participated in the development and
implementation of a new regional economic development program.
JUSTIN GREVING
Research Associate
Justin Graving holds a double BA in Fine Art and French and Francophone Studies from the
University of California Los Angeles. At Chattel Architecture, Justin conducts research on
buildings requiring Historic Resource Assessments and Mentifres possible grant opportunities
for building restoration in Los Angeles. J ustin's first encounter with preservation happened
white studying for a year at University Lumidre Lyon 2 in Lyon, France. During his studies,
Justin consulted an essay written in 1775 by I'Abbe Pierre, an eccentric self taught architecture
historian. After returning to Los Angeles, Justin becam a fascinated with the dingbat
phenomenon in Los Angeles and created a body of Work examining the deterioration of these
mid-century apartment buildings.
1.