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HomeMy WebLinkAboutC-5154 - PSA for Environmental Consulting Services for the City Hall Environmental Analysis ProjectAMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH KEETON KREITZER CONSULTING FOR CITY HALL ENVIRONMENTAL ANALYSIS THIS AMENDMENT NO TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two ") is made and entered into as of this 28th day of June, 2013 y ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City„) and KEETON KREITZER, 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 June 20, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for environmental consulting services for possible General Plan, Coastal Land Use Plan, and Zoning code amendments relating to the existing City Hall ( "Project "). B. On December 26, 2012, City and Consultant entered into Amendment No. One to the Agreement ( "Amendment No. One ") to extend the term of the Agreement and to update insurance requirements. C. City desires to enter into this Amendment No. Two to extend the term of the Agreement to June 30, 2014. D. 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 is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on June 20, 2012 and shall terminate on June 30, 2014, unless terminated earlier as set forth herein." 2. 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. [SIGNATURES ON NEXT PAGE] KEETON KREITZER CONSULTING Page 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO NE 'S FFICE Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: (d 'a7- C3 L11 V By: W By: Aaron C. Harp Kimberly Brandt, AICP City Attorney ��' Community Development Director ATTEST: 1 Date: 1.1413 c By: 1w Leilani I. Brown City Clerk pjiT .Ir '91_1 FO"%O CONSULTANT: KEETON KREITZER, a sole proprietor doing business as ("DBA") KEETON KREITZER CONSULTING Date: By: fit/ `/lam Keeton K Kreitzer Principal [END OF SIGNATURES] KEETON KREITZER CONSULTING Page 2 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH KEETON KREITZER DBA KEETON KREITZER CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE CITY HALL ENVIRONMENTAL ANALYSIS PROJECT THIS AMENDMENT NO, ONE TO PROFESSIONAL SE VIC GREEMENT ( "Agreement ") is made and entered into as of the �iKiay of r , 2612, 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: I C RECITALS A. On June 20, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for environmental consulting services for possible General Plan, Coastal Land Use Plan, and Zoning code amendments relating to the existing City Hall ( "Project "). B. City desires to enter into this Amendment No. One to extend the term of the Agreement to June 28, 2013, and update the insurance requirements. C. 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: 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. 1 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. Keeton Kreitzer DBA Keeton Kreitzer Consulting 1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNY'S OFFICE Date: (IV/ 7)? By: Aaron C. Harp rn � i _ Z City Attorney ATTEST: �r Date: �a �-- Leilani 1. Brown City Clerlk/!Y*% "FORS" CITY OF NEWPORT BEACH, a California municipal corporation Date: tilt tZ„ By: Dav ff City Manager CONSULTANT: KEETON KREITZER DBA KEETON KREITZER CONSULTING, a sole proprietorship Date: rz - 9-6 - I),— By: Y [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements Keeton Kreitzer DBA Keeton Kreitzer Consulting 2 EXHIBIT C 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. 1.3.11 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: 1.41 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 nonrenewai 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 Right 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. 1.5.3 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 C -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. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsuitant 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 ©BA Keeton Kreitzer Consulting Page C -3 PROFESSIONAL SERVICES AGREEMENT WITH KEETON KREITZER DOING BUSINESS AS (DBA) KEETON KREITZER CONSULTING FOR CITY HALL ENVIRONMENTAL ANALYSIS THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made I\ and entered into as of this 90 day of June, 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and KEETON KREITZER doing business as (DBA) KEETON KREITZER CONSULTING, a sole v proprietor ( "Consultant'), whose address is P.O. Box 3905, Tustin, California 92781- 3905 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 for an amendment of the General Plan, Coastal Land Use Plan, and Zoning Code to change the land use designations of the existing City Hall complex located at 3300 Newport Boulevard ('Project'). C. City desires to engage Consultant to conduct an analysis and prepare necessary environmental documents in accordance with the California Environmental Quality Act ( "CEQA ").. D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Keeton — Kreitzer. F. City has solicited and 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 December 31, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 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. 3.1.1 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. 3.2 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. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 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 Scope of Services attached hereto as Exhibit A and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty -Two Thousand and Seventy Dollars and no /100 ($42,070.00) 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. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 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: KEETON KREITZER CONSULTING Page 2 4.3.1 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. 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 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 Scope of Services as set forth in Exhibit A. 5. PROJECT MANAGER 5.1 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. 5.2 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 Community Development Department. James Campbell, Principal Planner 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 authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. KEETON KREITZER CONSULTING Page 3 7.1.2 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 promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 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, 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). 9.2 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 KEETON KREITZER CONSULTING Page 4 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. 14. INSURANCE 14.1 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. 14.2 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 KEETON KREITZER CONSULTING Page 5 during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 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 proposal. 14.3 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. 14.4 Coverage Requirements 14.4.1 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 subconsultant's employees. 14.4.1.1 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. 14.4.1.2 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. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than o ne million dollars ( $1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 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 accident. 14.7 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. KEETON KREITZER CONSULTING Page 6 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 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 and insurance clauses from each of its subconsultants. 14.8.1.2 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. 14.8.1.3 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. 14.8.1.4 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. 14.9 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. 14.10 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. KEETON KREITZER CONSULTING Page 7 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 17.1 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. 17.2 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, Excel 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. KEETON KREITZER CONSULTING Page 8 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 accom plished 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 25.1 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 KEETON KREITZER CONSULTING Page 9 performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 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 26.1 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: James Campbell, Principal Planner Community Development Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3210 Fax: 949 - 644 -3229 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Keeton Kreitzer KEETON KREITZER CONSULTING P.O. Box 3905 Tustin, CA 92781 -3905 Phone: 714 - 665 -8509 Fax: 714 - 665 -8539 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in this Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 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 KEETON KREITZER CONSULTING Page 10 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 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. 29.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.3 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. 29.4 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. 29.5 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. 29.6 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. KEETON KREITZER CONSULTING Page 11 29.7 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. 29.8 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. 29.9 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, age or any other impermissible basis under law. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] KEETON KREITZER CONSULTING Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: U 11111, By : R____ C. Harp City Attorney �0 ATTEST: Date: t K Leil I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, A California municipal corporation Date: //) - 4- / 2 BY: Kimberly Brandt, AICP Community Development Director CONSULTANT: KEETON KREITZER DBA KEETON KREITZER CONSULTING, a sole proprietorship Date: �, • (6 - l2. By: VEL Keeton 1,C Kreitzer Principal ok [END OF SIGNATURES] Cq<rRONH�, . document212.14.11 Exhibit A — Scope of Services & Billing Rates KEETON KREITZER CONSULTING Page 13 KEETON KREITZER CONSULTING P. O. BOX 3905, TUSTIN, CA 92781 -3905 Office: 714- 665 -8509 / FAX: 714- 665 -8539 PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES NEWPORT BEACH CITY HALL REUSE PLAN NEWPORT BEACH, CA SCOPE OF SERVICES N1161 N 24W :;[*lei :7-AN Introduction Exhibit "A" A work program has been developed in response to the City's requirement to ensure that the environmental review process is carried out in accordance with the California Environmental Quality Act (CEQA) and the City of Newport Beach adopted CEQA procedures. The scope of work identified in this work program responds to the City's desire to conduct a preliminary environmental analysis in the form of an initial study (IS) in order to determine if adequate mitigation measures can be provided to reduce potential impacts to a less than significant level of the proposed Newport Beach City Hall Reuse Project. This project, which includes amendments to the Newport Beach General Plan and the City's Local Coastal Plan as well as a Zoning Code amendment, would change the land use designations form Public Facilities to a new Mixed Use designation and allow for the redevelopment of the 4.26 -acre City Hall site located at 3300 Newport Boulevard. At the present time, the existing City Hall Complex encompasses a total of 53,971 gross square feet, including the 44,018 gross square foot City Hall and 9,953 square foot fire station. If approved, the Mixed Use land use designation would allow for potential mixed -use development that could include up to 15,000 square feet of retail commercial or a community center, replacement of the Fire Station, and up to 99 market rate multiple - family residential dwelling units. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this proposal related to the preparation of the initial study includes: (1) the provision of competent, effective environmental analysis project management; (2) competent review of technical studies required for the environmental analysis; (3) preparation of the environmental documentation (i.e., initial study /mitigated negative declaration); (4) processing of the environmental documentation and public participation; (5) preparation of the final environmental document; and (6) preparation of CEQA notices. These objectives will be achieved through the completion of several work tasks. Each of these work tasks has been identified and described below. Task One - Proiect Initiation /Coordination KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the required environmental document (i.e., Initial Study). Project coordination will be an integral part of the planning process. As such, KKC proposes to have a Project Initiation Meeting as the first step in that process. That meeting will be held at the first available time after the contract has been awarded and executed. Participants in the meeting will include representatives of the City of Newport Beach, KKC, the applicant's consultants (if determined necessary), and project representatives deemed necessary to provide direction in the planning and environmental review process for the proposed project. Topics of discussion will include the definition of the project description, identification of responsible agencies and sources of information, and the project schedule. Two subsequent meetings are included in this task as well as project management and coordination with City staff, project technical consultants, and responsible agencies, if determined necessary. Proposal for Environmental Consulting Services Newport Beach City Hall Reuse Plan May 24, 2012 KEETON KREITZER CONSULTING P. O. BOX 3905, TUSTIN, CA 92781 -3905 Office: 714- 665 -8509 / FAX: 714 - 665 -8539 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 three (3) meetings with City staff as indicated above. Estimated Time Frame: As Required Estimated Budget: $4,800.00 Task Two — Sub - Consultant Studies In order to complete the environmental analysis that will be prepared in Task Three, an air quality/greenhouse gas(GHG) impact analysis will be prepared. In addition, it will be necessary to undertake a records search to ascertain the nature and extent of any documented contamination. It is understood that an assessment of project - related traffic will be prepared by a traffic engineer selected by the City, which would be submitted to KKC for inclusion into the initial study and which will serve as the basis of the air quality/GHG analysis. A team of technical consultants has been assembled to address the air quality, noise, and cultural resources issues, including: Air Quality Analysis Phase I Records Search Estimated Time Frame: Estimated Budget: Giroux & Associates Environmental Data Resources (EDR) 2 Weeks $3,750.00 ($3,000.00 — Air Quality/GHG Analysis) ($ 750.00 — Phase I Records Search) Task Two A - Noise Study & Archaeological /Paleontological /Historic Resources (Optional items) In addition to the two technical studies identified above (and the traffic assessment prepared under separate contract to the City), a noise analysis may also be required due to the potential development of the site with up to 99 multiple - family residential dwelling units. Preparation of the noise analysis, which would evaluate the existing and future noise levels and their potential effect on the future land uses is included in this proposal as an optional task. Although the subject property has been developed and the site substantially altered, it may also be necessary to conduct an archaeological /paleontological /historic resources records search through the South Central Coastal Information Center, which is the regional clearinghouse located at California State University, Fullerton, in order to document the location of any recorded cultural, scientific, and /or historic resources on the site or within one mile of the subject property. The fees for these optional tasks are identified below. Proposal for Environmental Consulting Services Newport Beach City Hall Reuse Plan May 24, 2012 KEETON KREITZER CONSULTING P. O. BOX 3905, TUSTIN, CA 92781 -3905 Office: 714 - 665 -8509 / FAX: 714 - 665 -8539 Noise Analysis Giroux & Associates Records Search SCCIC Estimated Time Frame: 2 Weeks Estimated Budget: $2,750.00 ($2,500.00 - Noise Analysis) ($ 250.00 - Records Search) Task Three — Preparation of the Preliminary Draft Initial Study KKC will be responsible for the preparation of the initial study for the proposed Newport Beach City Hall Reuse Plan project. Based on a review of the State CEQA Guidelines, the proposed project is neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA review. In order to qualify for a (Mitigated) Negative Declaration, the initial study must necessarily be extensive and thorough. Each of the topics identified on the 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 potentially adverse environmental impacts associated with the proposed office project and identify potential mitigation measures that would assure that no significant impacts will occur as a result of project implementation. As reflected above and in the work program, KKC has presented a scope of work for the preparation of an Initial Study (IS), which leads to a determination that the project qualifies either for a Mitigated Negative Declaration (MND) or will require the preparation of a Draft EIR. When completed, the proposed IS will be submitted to the City of Newport Beach for review and comment. Estimated Time Frame: 8 Weeks Estimated Budget: $19,360.00 Task Four — Preparation of the Draft Initial Study KKC will revise the initial study based on the comments made by City staff. If the analysis conducted for the proposed project concludes that the potentially significant adverse impacts can be mitigated, KKC will prepare the Draft IS /MND for distribution and public comment. Once completed, the Draft document will be distributed for a 30 -day public review and comment period as required by the State CEQA Guidelines for local project. KKC will prepare and mail the Notice of Intent to Adopt an MND to adjoining property owners using the property owner mailing list to be provided by the City. KKC will also be responsible for distributing the document to the list of recipients provided by the City, preparing the Notice of Completion (NOC), and mailing the required number of copies to the State Clearinghouse (SCH) for review. KKC will also be responsible for posting the Notice of Intent to Prepare a Negative Declaration both at the Orange County Clerk- Recorder's Office and at the City of Newport Beach. Should the Initial Study conclude that the project would have no effect on wildlife resources as provided by Section 711.4(d) of the California Fish & Game Code, KKC shall prepare and submit the required "No Effect" form to the appropriate office of the California Department of Fish & Game to request a waiver of the CDFG fees. However, if the Initial Study determines that potentially significant impacts cannot be reduced to a less than significant level either through the redesign of the proposed project or through the implementation of mitigation measures, the IS will conclude that further environmental review and analysis, through the preparation of a focused Draft EIR, will be required. Neither the scope nor budget presented in this work program reflects the effort necessary to prepare the Draft EIR. Should the city determine the project Proposal for Environmental Consulting services Newport Beach City Hall Reuse Plan May 24, 2012 KEETON KREITZER CONSULTING P. O. BOX 3905, TUSTIN, CA 92781 -3905 Office: 714- 665 -8605 / FAX: 714- 665 -8539 requires a Focused Draft EIR, work under this proposal would cease and KKC would prepare and submit a proposal to the City for the preparation of a Draft EIR. Estimated Time Frame: 1 Week Estimated Budget: $2,480.00 Task Five — Preparation of the Final Negative Declaration KKC, in cooperation with the Newport Beach Planning Department staff, will prepare written responses to all CEQA- related comments received during the public review and comment period. These responses will be submitted to the City of Newport Beach for review prior to completion of the Final Negative Declaration. It is important to note that the budget identified below reflects a limited amount of effort necessary to respond to public comments. The budget for this task may be revised if, after a thorough review of all comments received on the Draft Negative Declaration, KKC determines that additional time and effort will be necessary to respond to all of the comments received on that document. Estimated Time Frame: 1 Week Estimated Budget: $4,320.00 Task Six — Public Hearings If requested by the City, KKC will attend two public hearings, including one (1) public hearing before the Newport Beach Planning Commission and one (1) public hearing before the Newport Beach City Council. The Principal /Project Manager will attend the public hearing and will be responsible for making all presentations and responding to questions raised during the public hearing. Should additional hearings be required, they will be charged at the appropriate hourly rate. Estimated Time Frame: As Required Estimated Budget: $1,200.00 Task Seven - Preparation of the Notice of Determination As previously indicated, KKC will be responsible for preparing both the Notice of Determination (NOD) that must be filed in the office of the Orange County Clerk- Recorder and with the State Clearinghouse and the CDFG "Filling Fee No Effect Determination Form." Once completed, these forms will be submitted to the City for review. Any comments would be used to revise and finalize the document. If the proposed project is approved by the Newport Beach City Council, KKC will submit the NOD for posting with the County Clerk, along with a copy of the CDFG- approved "No Effect' form, should that agency render such a determination. The filing fees are not reflected in the estimated budget for miscellaneous expenses and are the responsibility of the applicant. Pursuant to City policy, the applicant will be responsible for filing these legal notices with the County Clerk. Estimated Time Frame: 1 Day Estimated Budget: $360.00 Proposal for Environmental Consulting services Newport Beach City Hall Reuse Plan May 24, 2012 KEETON KREITZER CONSULTING P. O. BOX 3905, TUSTIN, CA 92781 -3905 Office: 714- 665 -8605 / FAX: 714- 665 -8539 II. PROJECT SCHEDULE A project schedule has been developed and presented below that reflects the time frames that will be necessary to undertake and complete the services outlined in this proposal. The project schedule is presented below. Project Schedule Newport Beach City Hall Reuse Plan Newport Beach, CA Task Description Estimated Time 1 Project Initiation /Coordination As Re uired 2 Sub - Consultant Studies 2 Weeks 3 Preliminary Initial Study 8 Weeks Citv Review 2 Weeks 4 Draft Initial Study 1 Week Public Review and Comment 4 Weeks 5 Final Mitigated Negative Declaration 1 Week 6 Public Hearings As Required 7 Filin of Legal Notices 1 Da 'Does not include the time required to prepare the traffic assessment that will be prepared under separate contract to the City of Newport Beach. III. ESTIMATED BUDGET The scope of services and work described in Section I will be undertaken and completed for a not -to- exceed fee of $39,320.00 ($42,070.00 with the Optional Task). This fee includes meetings and coordination, preparation of technical studies and the environmental analysis contained in the initial study, preparation of necessary CEQA notices and printing as indicated below, and attendance at two (2) public hearings associated with the Initial Study/ Mitigated Negative Declaration. A budget summary is presented below. Proposal for Environmental Consulting Services Newport Beach City Hall Reuse Plan May 24, 2012 KEETON KREITZER CONSULTING P. O. BOX 3905, TUSTIN, CA 92781 -3905 Office: 714 - 665 -8605 / FAX: 714- 665 -8539 Budget Summary Newport Beach City Hall Reuse Plan Newport Beach, CA Title I Man -Hours I Billing Rate Estimated Budget Task One - Project Initiationt oordination Principal 32 $150.00 /Hour $ 4,800.00 Task Two — Sub - Consultant Studies Air Quality /GHG Analysis $ 3,000.00 Phase I Records Search $ 750.00 Traffic Assessment Sub -Total $ 3,750.00 Task Two A - Sub - Consultant Studies (Optional) Noise Analysis $ 2,500.00 SCCIC Records Search $ 250.00 Sub -Total $ 2,750.00 Task Three — Preliminar I Initial Stud Project Manager 20 $115.00 /Hour $ 2,300.00 Report Preparation 120 $ '90.00 /Hour $10,800.00 Research and Analysis 60 $ 75.00 /Hour $ 4,500.00 Graphics 16 $ 60.00 /Hour $ 960.00 Word Processing 20 $ 40.00 /Hour $ 800.00 Sub -Total 236 $19,360.00 Task Four - Draft Initial Study/ e ative Declaration Report Preparation 24 $90 .00 /Hour $ 2,160.00 Word Processing 8 $40.00 /Hour $ 320.00 Sub -Total 32 $ 2,480.00 Task Five — Final Initial Study/ e ative Declaration Project Manager 32 $115.00 /Hour $ 3,680.00 Word Processing 16 $ 40.00 /Hour $ 640.00 Sub -Total 48 $ 4,320.00 Task Six - Public Hearings Principal 8 $150.00 /Hour $ 1,200.00 Proposal for Environmental Consulting Services Newport Beach City Hall Reuse Plan May 24, 2012 KEETON KREITZER CONSULTING P. O. BOX 3905, TUSTIN, CA 92781 -3905 Office: 714 - 665 -8605 / FAX: 714 - 665 -8539 Title I Man -Hours I Billing Rate I Estimated Budget Task Seven - Le al Notices /Notice of Determination Word Processing 4 1 $ 90.00 /Hour $ 360.00 Printing and Re roduction Printing and Reproduction $ 2,500.00 Postage $ 500.00 NOD filing Fee $ 50.00 Sub -Total $ 3,050.003 TOTAL ESTIMATED BUDGET 360 $39,320.00 'Traffic Assessment to be prepared under separate contract to the City. 2Includes attendance at two (2) public hearings. Attendance at additional hearings are not included and would be billed on a time - and - materials basis at $150.00 /hour: 'Includes printing of fifty (50) copies of the IS /MND for submittal to the City of Newport Beach and postage (via certified mail /return receipt) to distribute IS /MND to responsible agencies. 'Total does not include CDFG fee; which may be required at the time the Notice of Determination is filed with the Orange County Clerk- Recorder if a waiver is not received. This fee also does not include the Optional Task Two for additional sub - consultant studies. If those studies are undertaken, the total budget would be $42,070.00. IV. BILLING AND PAYMENT All charges shall be in accordance with the Budget Summary presented in Section III of this proposal. Invoices shall be submitted on a monthly basis, which clearly describe the specific services and tasks performed during the billing period. V. PROJECT MANAGEMENT AND PERSONNEL Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 35 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 Westcliff Medical Arts Building in Newport Beach and the Skyridge Residential development in the City of Mission Viejo. Mr. Kreitzer's resume has been included with this scope of work. Proposal for Environmental Consulting services Newport Beach City Hall Reuse Plan May 24, 2012 KEETON KREITZER CONSULTING P. O. BOX 3905, TUSTIN, CA 92781 -3905 Office: 714- 665 -8605 / FAX: 714- 665 -8539 VI. RESPONSIBILITY OF THE APPLICANT AND /OR CITY OF NEWPORT BEACH The following information shall be provided to KKC by the project applicant and /or the City of Newport Beach in order to complete the analysis described in this proposal. 1. A complete description of the proposed Newport Beach City Hall Reuse Plan project. 2. Conceptual Plans, if available, of potential site development. 3. All environmental documents prepared for the proposed project, including but not limited to: detailed traffic impact analysis, Phase I and II Assessments, hydrology and water quality assessments, WQMP, soils and geology, etc., if available, related to the subject property. 4. Existing topographic map and aerial photograph (if available). 5. List of cumulative projects. 6. Newport Beach General Plan (all Elements). 7. Newport Beach Coastal Land Use Plan. 8. Project Objectives. 9. All other pertinent information related to the proposed project. VII. STATEMENT OF OFFER/TERMS 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 $39,320.00 ($42,070.00 with the Optional Task). This offer is valid for a period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions made on the scope of the project. Should the scope change significantly, necessitating a change to the work program, we will contact you immediately and amend both the scope of services and budget accordingly. Offer Presented By: Keeton K. Kreitzer, Principal KEETON KREITZER CONSULTING Date: May 24, 2012 Proposal for Environmental Consulting Services Newport Beach City Hall Reuse Plan May 24, 2012