HomeMy WebLinkAboutC-4610 - PSA for Plaza Corona del Mar Environmental AnalysisS
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR PLAZA CORONA DEL MAR ENVIRONMENTAL ANALYSIS (PA2010 -061)
THIS AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL
SERVICES ( "Amendment No. 1 ") is made and entered into as of this 4a- day of
February, 2011, by and between the CITY OF NEWPORT BEACH, a California
Municipal Corporation ( "City"), and KEETON KREITZER, a sole proprietor doing
business as ( "DBA ") Keeton Kreitzer Consulting (KKC), whose address is 180 South
Prospect Avenue, Suite 140A, Tustin, California, 92780 ( "Consultant"), and is made
with reference to the following:
RECITALS
A. On September 17, 2010, City and Consultant entered into a Professional Services
Agreement ( "Agreement") for environmental services for the Plaza Corona del Mar
( "Project ").
B. City desires to enter into this Amendment No. 1 to reflect additional services not
included in the Agreement, and update the information provided in the "Notices"
subsection.
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. SERVICES TO BE PERFORMED
Section 2 of the Agreement, shall be supplemented to include the Scope of Services
dated February 3, 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.
2. 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 Twenty Five
Thousand, Four Hundred and Seventy Dollars and no /100 ($25,470.00) without prior
written authorization from City ( "Total Amended Compensation ").
3.1 The Total Amended Compensation reflects Consultant's additional
compensation for additional services to be performed in accordance with
this Amendment No. 1, including all reimbursable items and subconsultant
fees, in an amount not to exceed Two Thousand, Five Hundred Dollars
and no1700 ($2,500.00), without prior written authorization from City.
3. NOTICES
Section 26 of the Agreement shall be amended in it entirety and replaced with the
following: 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:
Attention: Janet Johnson Brown, Associate Planner
Community Development Department, Planning Division
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
Phone: 949 - 644 -3236
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Keeton Kreitzer, Principal
Keeton Kreitzer Consulting
180 South Prospect Avenue, Suite 140A
P.O. Box 3905
Tustin, CA 92781 -3905
Phone: 714 - 665 -8509
Fax: 714 - 665 -8539
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set
forth in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the dates written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: A��
Leonie Mulvihill fig;
Assistant City Attorney
[Keeton Kreitzer]
CITY OF NEWPORT BEACH,
A municipal corporation
By: � &
Da ' iff
City Manager
Page 2
ATTEST:
By: V U/wl
Leilani I. Brown
City Clerk
Attachments:
Exhibif
FORM CEQA Professional Services Agreement
By
Keeton Krno Krno eitzer
Keeton Kreitzer Consulting
onal Services to be Performed
[Keeton Kreitzer] Page 3
PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR PLAZA CORONA DEL MAR ENVIRONMENTAL ANALYSIS (PA2010 -061)
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this \--) day of September, 2010, by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and KEETON
KREITZER, a sole proprietor doing business as ( "DBA") Keeton Kreitzer Consulting
(KKC), whose address is 17291 Irvine, 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 considering an application to prepare an environmental assessment of
potential environmental impacts associated with the proposed Plaza Corona del
Mar subdivision and development 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 30 day of September, 2013, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
N
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference ( "Services" or
"Work"). 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 the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
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 TWENTY -TWO
THOUSAND, NINE HUNDRED AND SEVENTY Dollars and no/100 ($22,970.00)
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
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
[Keeton Kreitzer] Page 2
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.
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.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. RUSSELL BUNIM,
or his designee, shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
[Keeton Kreitzer] Page 3
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 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.
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 fumish 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, or
[Keeton Kreitzer] Page 4
Consultant's presence or activities conducted on the Project (including the negligent
and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable or any or all of
them).
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 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.
[Keeton Kreitzer] Page 5
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, 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 contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's 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 Vil (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 $1,000,000) for
Consultant's employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Consultant
shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700
for all of the subconsultant's employees. (This requirement is
waived per the signed Certificate of Exemption which is
attached as Exhibit C)
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.
[Keeton Kreitzer] Page 6
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 $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 $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:
i. 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
[Keeton Kreitzer] Page 7
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 30 days notice
of cancellation (except for nonpayment for which 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.
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. 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
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or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word and Excel and /or portable document format (pdf).
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement of any
United States' letters patent, trademark, or copyright infringement, including costs,
contained in Consultant's drawings and specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
[Keeton Kreitzer] Page 9
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 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: Russell Bunim
Planning Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949- 644 -33XX
Fax: 949- 644 -33XX
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All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Keeton Kreitzer
Keeton Kreitzer Consulting
1791 Irvine Boulevard, Suite 305
Tustin, CA 92780
Phone: (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 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.
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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. 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.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
34. 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.
[Keeton Kreitzer] Page 12
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
Byz
eonie Mulvihill
Assistant City Attorney
ATTEST:
CITY OF NEWPORT BEACH,
A municipal corporation
By:—��-
Da0jdJKiff
City Manager
1f
By: 6,WP By: U4/46���
Leilani I. Brown O Keeton kreitzer
City Clerk �. Keeton Kreitzer Consulti
U
Attachments: Exhibit A — of Services
Exhibit B — Billing Rates
Exhibit C — Certificate of Exemption
FORM CEQA Professional Services Agreement
[Keeton Kreitzer] Page 13
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP/INTERIM STUDY OVERLAY (ZONE CHANGE)/GENERAL PLAN
AMENDMENT
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP 17386
INTERIM STUDY OVERLAY (ZONE CHANGE)
AND GENERAL PLAN AMENDMENT
3900 - 3928 EAST COAST HIGHWAY
NEWPORT BEACH, CA
SCOPE OF SERVICES
INTRODUCTION
The project applicant, Magdi Hanna, is proposing the development of a second floor office building on top
of an existing (Gallo's Deli) delicatessen and seven new, detached three -story townhomes with
underground parking. The property is zoned RSC (Retail and Service Commercial) and MFR (Mutli-
Family Residential). As indicated in the project description, the project would be developed in two (2)
phases. The initial phase includes the construction of the office above the delicatessen, followed by the
construction of the seven (7) townhomes on the vacant 0.43 -acre parcel adjacent to the Gallo
Delicatessen. The applicant is proposing a tentative tract map (TTM 17386), an Interim Study Overlay
(Zone Change), and a General Plan Amendment. The townhome component requires the Interim Study
to allow the development of multiple - family residential dwelling units in a residential Overlay District. The
amendment to the general plan is necessary to accommodate a lot line shift between the resident and
commercial properties in question.
The work program presented in this proposal includes a level of effort necessary to conduct the
environmental analysis for the initial study, which would be utilized to prepare a mitigated negative
declaration, as described in the City's Request for Proposal (RFP). The applicant has prepared several
studies, including an acoustical analysis and a preliminary soils investigation, which will be utilized in the
preparation of the initial study; however, additional technical studies will also be required based on
discussions with City staff, including a biological assessment, air quality analysis, and archaeological
records search because the applicant is proposing a general plan amendment, which necessitates
consultation with Native American representatives pursuant with SB18.
Ii. WORK PROGRAM
A work program has been developed to ensure that the environmental review process is carried out in
accordance with the California Environmental Quality Act (CEQA) and the City of Newport Beach adopted
CEQA procedures. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete
the work identified in this proposal includes: (1) the provision of competent, effective environmental
analysis project management; (2) incorporation of existing and additional technical studies that have been
(or will be) prepared for the proposed project (e.g., hydrology, preliminary geotechnical analysis, Phase I
Environmental Site Assessment, etc.); (3) preparation of the environmental documentation (i.e., initial
study /mitigated negative declaration); (4) processing of the environmental documentation and public
participation; (5) preparation of the final environmental document; and (6) preparation and filing of CEQA
notices. These several objectives will be achieved through the completion of several work tasks. Each of
these work tasks has been identified and described below.
Proposal for Environmental Consulting Services
Tentative Tract MapRntedm Study Overlay (Zone Change) General Plan Amendment
July 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP17NTERIM STUDY OVERLAY (ZONE CHANGE) /GENERAL PLAN
AMENDMENT
Task One - Proiect Initiation /Coordination
KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the
required environmental document (i.e., proposed [Mitigated] Negative Declaration). Project coordination
will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation
Meeting as the first step in that process. That meeting will be held at the first available time after the
contract has been awarded and executed. Participants in the meeting will include representatives of the
City of Newport Beach, KKC, applicant's technical consultants (if determined necessary), and project
representatives deemed necessary to provide direction in the planning and environmental review process
for the proposed project. Topics of discussion will include the definition of the project description,
identification of responsible agencies and sources of information, and the project schedule.
In summary, this task will include the following sub - tasks:
Consultation and coordination of the proposed project and environmental document with
the City of Newport Beach to ensure that City policies are incorporated into the Draft
environmental document;
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures; and
Coordination with City staff and attendance at up to two (2) meetings with City staff as
indicated above.
Estimated Time Frame: As Required
Estimated Budget: $2,400.00
Task Two — Sub Consultant Studies
Because the subject property has been altered as a result of grading that was necessary to accommodate
past development, a walkover survey cultural resources/paleontological survey will not be undertaken.
However, KKC will conduct a records survey at the South Central Coastal Information Center (SCCIC)
located at California State University, Fullerton to determine the location(s) of any archaeological /cultural
resource sites that may have been recorded on the subject property and/or within a one -mile radius of the
site. In addition, a records survey will also be conducted at the Los Angeles County Museum of Man to
document the existence /proximity of paleontological resources. The results of the records surveys will be
documented in the Initial Study prepared for the proposed project
In addition to conducting the cultural and scientific resources records searches, it will also be necessary to
undertake an air quality/GHG emissions analysis to quantity project- related air pollutant and GHG
emissions. Due to the proximity of the Buck Gully ESA to the subject property, a biological assessment
will be conducted and KKC will also coordinate efforts with a biologist to adequately address potential
impacts resulting from a fuel modification plan that must be prepared for the project.
Estimated Time Frame: 3 Weeks
Estimated Budget: $7,250.00
Proposal for Environmental Consulting Services
Tentative Tract Map/Interim Study Overlay (Zone Change) General Plan Amendment
July 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP17NTERIM STUDY OVERLA Y (ZONE CHANGE )IGENERAL PLAN
AMENDMENT
Task Three — Initial Studv /Mitigated Neaative Declaration
KKC will be responsible for the preparation of the initial study for the proposed project. Based on a
review of the State CEQA Guidelines, the proposed project is neither statutorily nor categorically exempt.
Therefore, it would be subject to CEQA review. In order to achieve the objective of preparing a (Mitigated)
Negative Declaration, the initial study must necessarily be extensive and thorough. Each of the remaining
topics identified on the City's environmental assessment form or, if desired by the City, on the State CEQA
Guidelines will be analyzed to document the nature and extent of any potential environmental
consequences (and the need for mitigation). The specific purpose of the analysis will be to document the
lack of adverse environmental impacts associated with the proposed residential project to support the
environmental determination that no significant impacts will occur (following mitigation) as a result of
project implementation.
Based on the proposed project, R is anticipated that any potentially significant environmental impacts that
would be anticipated can be mitigated, resulting in the preparation of a mitigated negative declaration. As
reflected above and in the work program, KKC has presented a scope of work for the preparation of an
Initial Study/Mitigated Negative Declaration (IS /MND). The proposed IS/MND will be submitted to the City
of Newport Beach for review and comment KKC will revise the initial study based on the comments made
by City staff and prepare the Draft IS/MND. Once completed, the Draft document will be distributed for a
30-day public review and comment period as required by the State CEQA Guidelines for local project.
KKC will be responsible for distributing the document to the list of recipients developed by the City. KKC
will also be responsible for posting the Notice of Intent to Prepare a Negative Declaration both at the
Orange County Clerk- Recorders Office and at the City of Newport Beach.
Estimated Time Frame: 4 Weeks
Estimated Budget $8,020.00
Task Four - Preparation of the Final Negative Declaration
KKC, in cooperation with the Newport Beach Planning Department staff, will prepare written responses to
all relevant comments received during the public review and comment period. These responses will be
submitted to the City of Newport Beach for review prior to completion of the Final Negative Declaration. It
is important to note that the budget identified below reflects a limited amount of public comments. This
budget may be revised if, after a thorough review of all comments received on the Draft (Mitigated)
Negative Declaration, it is determined that it is inadequate to respond to all of the comments received on
that document.
Estimated Time Frame: 1 Week
Estimated Budget: $1,840.00
Task Five - Public Hearings
If requested by the City, KKC will attend two (2) public hearings, including one before the Newport Beach
Planning Commission and one before the City Council. The PrincipaVProject Manager will attend the
public hearing and will be responsible for making all presentations and responding to questions raised
during the public hearing. Should additional hearings be required, they will be charged at the appropriate
hourly rate.
Proposal for Environmental Consulting Services
Tentative Tract Mapl7nterim Study Overlay (Zone Change) General Pian Amendment
July 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAPRNTERIM OVERLAY (ZONE CHANGE) /GENERAL PLAN AMENDMENT
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Task Six - Preparation of Legal Notice/Advertisement and Notice of Determination
KKC will be responsible for preparing both the requisite legal notice for the public advertisement and the
Notice of Determination that must be filed in the office of the Orange County Clerk- Recorder and with the
State Clearinghouse. Once completed, these forms will be submitted to the City for review. KKC will also
be responsible for filing these notices with the State Clearinghouse and Orange County Clerk- Recorder. It
is important to note, however, that the filing fees are not reflected in the estimated budget for
miscellaneous expenses. Although total budget includes the NOD filing fee that must be paid to the
Orange County Clerk- Recorder at the time the NOD is filed, it does not include the Department of Fish
and Game filing fee, which must also be paid to the Orange County Clerk- Recorder at when the NOD is
filed, if it is determined that the project is not exempt from the fee.
Estimated Time Frame: 1 Day
Estimated Budget: $460.00
III. PROJECT SCHEDULE
A project schedule has been developed and presented below that reflects the time frames that will be
necessary to undertake and complete the services outlined in this proposal. The project schedule is
presented below.
Project Schedule
Proposed Tentative Tract Map 17366
Newport Beach, CA
Task.
Description
Estimated Time
1
Project Initiation /Coordination
As Required
2
Sub - Consultant Studies
3 Weeks
3
Initial Study/Negative Declaration
4 Weeks
City Review
2 Weeks
Revisions/Draft MND
1 Week
Public Review and Comment
4 Weeks
4
Final Mitigated Negative Declaration
2 Week
5
Public Hearings
As Required
6
Filin of Legal Notices
1 Da
'If additional technical studies are required, this task may require additional time.
Proposal for Environmental Consulting Services
Tentative Thad MaWintedm Study Oveday (Zone Change) General Plan Amendment
July 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAPRNTERIM OVERLAY (ZONE CHANGE) /GENERAL PLAN AMENDMENT
IV. ESTIMATED BUDGET
The scope of services and work described in Section I will be undertaken and completed for a not -to-
exceed fee of $22,970.00. This fee includes meetings and coordination, preparation of the environmental
analysis contained in the initial study, preparation of necessary CEQA notices and printing as indicated
below, and attendance at two (2) public hearings associated with the Initial Study/ Negative Declaration. A
budget summary is presented below.
Budget Summary
Proposed Tentative Tract Map 17386
Newport Beach, CA
Title
Man -Hours
Billing Rate
Estimated Budget
Task One — Project Initiation /Coordination
Principal 16 $150.00 /Hour 1 $ 2,400.00
Task Two —Cultural Resource Surve ISB 18 Consultation
Records Survey/S13 18Consultation
$ 750.00
Biological Assessment
$ 5,000.00
Air Quality Analysis
$ 1,500.00
$ 7.250.00
Task Three — Initial Stu IMiti
ated Declaration
Project Manager
60
$115.00 /Hour
$ 6,900.00
Graphics
8
$ 60.00 1Hour
$ 480.00
Word Processing
16
$ 40.00 /Hour
$ 640.00
Sub -Total
84
$ 8,020.00
Task Four — Final Ne ativa Declaration
Project Mana er 16 $115.00 /Hour 1 $ 1,840.00
Task Five — Public Hearings
Principal 1 8 1 $150.00/Hour 1 $ 1,200.00
Task Six - Legal NoticeslNotice of Determination
Project Manager 4
1 $115.00 /Hour $ 460.00
Printin and Re roduction
Printing and Reproduction
$ 1,500.00
Postage and Supplies
$ 300.00
Sub -Total
$ 1,800.00
TOTAL NOT -TO- EXCEED FEE
128
$22,970.00
'Includes attendance at two (2) public hearings, including one before the Planning
Commission and one before the City Council. Attendance at additional hearings are not
included and would be billed on a time - and - materials basis at $150.00 1hour.
2Includes printing 50 copies of the IS /MND and distribution of the IS /MND via certified mail.
3Total does not include the following fees: (1) sub- consultant fees that may be required; (2)
NOD Filing Fee' 3 CDFG Impact Fee; and 4 fees for legal notices.
Proposal for Environmental Consulting Services
Tentative Trap Map?ntedm Study Overlay (Zone Change) General Plan Amendment
July 23, 2010
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP/INTERIM OVERLAY (ZONE CHANGE) /GENERAL PLAN AMENDMENT
V. BILLING AND PAYMENT
All charges shall be in accordance with the Budget Summary presented in Section III of this proposal.
Invoices shall be submitted on a monthly basis, which clearly describe the specific services and tasks
performed during the billing period. Each invoice is due and payable within 30 days of receipt and shall be
considered delinquent on the 31" day.
VI. PROJECT MANAGEMENT AND PERSONNEL
Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of
work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 30 years of
environmental planning experience and has served as project manager for several similar projects. He
has been personally responsible for the preparation of over 100 environmental documents required
pursuant to the California Environmental Quality Act and has also prepared environmental studies
mandated under the National Environmental Policy Act. He has recently reestablished his own
environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector
clients with high level, personalized environmental consulting services, including the preparation of
environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of
several environmental documents, including those for the Newport Banning Ranch Local Coastal Program
in the County of Orange, West Coyote Hills in the City of Fullerton, the Emery Ranch residential
development plans in the Cities of La Mirada and Fullerton, and for the Central City Redevelopment
Project Area in the City of Bell Gardens. Mr. Kreitzer's resume has been included with this scope of work.
VII. RESPONSIBILITY OF THE PROJECT APPLICANT AND /OR CITY OF
NEWPORT BEACH
The following information shall be provided to KKC by the project Applicant and /or the City of Newport
Beach in order to complete the analysis described in this proposal.
1. A complete description of the proposed 5 -lot subdivision project, including an inventory of
the uses that previously exist on the subject property and the proposed development
program parameters.
2. Exhibits illustrating the existing site development.
3. Site Plan and Engineering Plans and Specifications (as determined necessary by the City
of Newport Beach).
4. All environmental documents prepared for the proposed project, including but not limited
to: Phase I and II Assessments, hydrology and water quality assessments, soils and
geology, biological assessment (including supplement biological analysis that may be
necessary), traffic studies, etc., that may have been prepared for the proposed project
5. Existing topographic map (if available).
6. Aerial photograph (if available).
Proposal for Environmental Consulting Services
Tentative Tract htap/intertm Study Overlay (Zone Change) General Plan Amendment
July 23. 2010
1J
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
TENTATIVE TRACT MAP17NTERIM OVERLAY (ZONE CHANGE) /GENERAL PLAN AMENDMENT
All other pertinent information related to the proposed project.
8. City of Newport Beach General Plan and relevant adopted Policies and Programs.
Vlll. STATEMENT OF OFFERITERMS OF AGREEMENT
KKC is prepared to begin work on this project immediately upon execution of the contract. You may be
assured that should we be selected to provide the environmental services described in this proposal, we
shall devote our full resources to the project and will approach it with the highest degree of enthusiasm,
objectivity, and professionalism.
KKC will perform all work described in this proposal for a budget of $22,970.00. This offer is valid for a
period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions
made on the scope of the project. Should the scope change significantly, necessitating a change to the
work program, we will contact you immediately and amend both the scope of services and budget
accordingly.
Offer Presented By:
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
July 23, 2010
Proposal for Environmental Consulting Services
Tentative Tract Map/interim Study Overlay (Zone Change) General Plan Amendment
July 23, 2010
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 09/0812010 Dept.lContad Received From: _ _ __ Gayiene Olson
Date Completed: 09/09/2010 Sent to: Gaylene Olson By: Mlohalis ROSS
ComparuylPerson rewired to have certificate: Keeton Kreitzer
A. INSURANCE COMPANY: Travelers Property Casualty Co.
B. AM BEST RATING (A- : Vii or greater): 4K(XV)
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? 0 Yes ❑ No
D. LIMITS (Must be $1M or greater); What is limit provided?
$1,000,000
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
® Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
H. CAUTION I (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include `solely by negligence" wording?
❑ Yes ® No
1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Fariey, the City will accept the
endeavor wording.
if, AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travelers Property Casualty Co.
B. AM BEST RATING (A-: VO or greater) "A "(XV)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in Califomia? ® Yes ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500.000 UM. $2M min
for Waste Haulers):
What is limits provided? $1,000,000
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only); nia
Is it included? I] Yes [] No
F. NOTIFICATION OF CANCELLATION: Although there Is a provision that requires
notification of cancellation by certified mail. per Lauren Farley. the City will accept the
endeavor wording.
Ill. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Exempt
B. AM BEST RATING (A-: VII or greater):
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To Include): Is It included?
017,077,71
Michelle Ross 0910912010
Agent of Brown & Brown Date
Broker of record for the City of Newport Beach
❑ Requires approval/exceptionAvaiver by Risk Management BBB initials
C'
Approved:
Risk Management Date
0 Yes Q No
this Amendment No. 1, including all reimbursable items and subconsultant
fees, in an amount not to exceed Two Thousand, Five Hundred Dollars
and no/100 ($2,500.00), without prior written authorization from City.
3. NOTICES
Section 26 of the Agreement shall be amended in it entirety and replaced with the
following: 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:
Attention: Janet Johnson Brown, Associate Planner
Community Development Department, Planning Division
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658-8915
Phone: 949-644-3236
Fax: 949-644-3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Keeton Kreitzer, Principal
Keeton Kreitzer Consulting
180 South Prospect Avenue, Suite 140A
P.O. Box 3905
Tustin, CA 92781-3905
Phone: 714-665-8509
Fax: 714-665-8539
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set
forth in Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the dates written above.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A municipal corporation
By: By:
Leonie Mulvihill Da 'd iff
Assistant City Attorney City Manager
[Keeton Kreitzer] Page 2