HomeMy WebLinkAboutC-6152 - PSA for Environmental Services for the Residences at Newport Place!Jl
U
PROFESSIONAL SERVICES AGREEMENT
WITH KEETON KREITZER CONSULTING FOR
ENVIRONMENTAL SERVICES FOR THE RESIDENCES AT NEWPORT PLACE
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 26th day of May, 2015 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and KEETON KREITZER, a sole proprietor dba KEETON KREITZER
CONSULTING ( "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 desires to engage Consultant to provide environmental services for the
Residences at Newport Place ( "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 ( "CEQX) ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
E. 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 Effective Date, and shall
terminate on May 31, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services and Schedule of Billing Rates attached hereto as Exhibit A and incorporated
herein by reference ( "Services" or "Work "). City may elect to delete certain Services
within 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 Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
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 Exhibit A.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Sixty One
Thousand Nine Hundred Sixty Dollars and 00/100 ($61,960.00), 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) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit A to this Agreement or specifically approved in writing in
advance by City.
Keeton Kreitzer Consulting Page 2
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
Schedule of Billing Rates 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department, Planning Division. City's Associate Planner or designee shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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
Keeton Kreitzer Consulting Page 3
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, 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,
attorneys' 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, reckless, and /or willful acts,
errors and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
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 attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
Keeton Kreitzer Consulting Page 4
limits do not act as a limitation upon the amount of indemnification to be provided by
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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work 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 informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement 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 B, and incorporated herein by reference.
Keeton Kreitzer Consulting Page 5
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 co- tenancy, 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
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and 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, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information 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
Keeton Kreitzer Consulting Page 6
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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and /or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services 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.
21. 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 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.
Keeton Kreitzer Consulting Page 7
22. 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 Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
fk4111111111111 �[oil04W
25.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Rosalinh Ung, Associate Planner
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Keeton Kreitzer Consulting Page 8
Attn: Keeton Kreitzer
Keeton Kreitzer Consulting
P.O. Box 3905
Tustin, CA 92781 -3905
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 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
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.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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
Keeton Kreitzer Consulting Page 9
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.
28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 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.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
Keeton Kreitzer Consulting Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTr(Y'S OFFICE
Date: // z L5
No
Aaron C: Harp
City Attorney
ATTEST:
Date: �' V
(� r
By:1 &4 �%1t1
BrownLeilani 1.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -5'-,;Z to- K -
By: All", I tLVI lUIVT
Kimberly Brandt, AICP
Community Development Director
CONSULTANT: Keeton Kreitzer, a sole
proprietor dba Keeton Kreitzer Consulting
Date:
Bv: b-(�
Keeton K. Kreitzer
Principal
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit B - Insurance Requirements
Keeton Kreitzer Consulting Page 11
EXHIBIT A
SCOPE OF SERVICES
Keeton Kreitzer Consulting Page A -1
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781 -3905
Office. 714 - 665 -8509
ENVIRONMENTAL CONSULTING SERVICES
THE RESIDENCES AT NEWPORT PLACE
NEWPORT BEACH, CA
SCOPE OF SERVICES
1. WORK PROGRAM
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 Residences at Newport Beach Project. The project site encompasses three
parcels totaling 5.691 acres within MacArthur Square in the City of Newport Beach. At the present time,
MacArthur Square is occupied by 58,277 square feet of retail commercial development in eight buildings
located along Corinthian Way, Martingale Drive, Scott Drive, and Dove Street The site was developed in 1974
and is now characterized as an aging, underutilized, and underperforming neighborhood shopping center.
The applicant is proposing to redevelop the project site with The Residences at Newport Place development,
which includes 298 market rate and 86 affordable dwelling units and up to 5,677 square feet of integrated
retail use. The proposed project is consistent with the land use element designation (MU -H2 - Mixed -Use
Horizontal 2) and zoning ((PC 11 - Newport Place Planned Community) adopted for the subject property. The
subject property is also located within the Airport Area Planning Sub -Area of the City's General Plan and is
located within the 60 dB Airport Environs Land Use Plan (AELUP) noise contour.
Although the proposed project is consistent with the Newport Beach General Plan and Newport Place Planned
Community, project implementation will necessitate a significant amount of grading and excavation, which
will necessitate the exportation of over 37,000 cubic yards of earth materials from the site. In order to
adequately evaluate the potential impacts of those activities, it will be necessary to undertake additional
technical studies, including a traffic assessment, air quality/GHG analysis, and limited noise analysis.
Although it is anticipated that the proposed project would generate fewer post - development vehicle trips
when compared to the existing retail commercial center, the demolition, grading and construction activities
would result in a significant number of heavy truck trips that could affect circulation during those
development phases. Thus, it will be necessary to quantify the construction - related trips and evaluate the
potential effect such traffic would have on the existing circulation. Similarly, the potentially significant
addition of heavy truck trips could also result in a potentially significant increase in air pollutant and GHG
emissions, also necessitating quantification to determine if the construction emissions exceed established
pollutant thresholds. Finally, some limited noise analysis will also be conducted to document project - related
construction - related noise increase(s) in potentially noise- sensitive areas. These technical studies are
identified in Task Two of this Scope of Services.
The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete the work identified in this
Scope of Services related to the preparation of the initial study includes: (1) the provision of competent,
effective environmental analysis project management; (2) preparation of technical studies determined
necessary to adequately analysis the proposed project; (3) competent review of technical studies required for
Environmental Consulting Services
The Residences at Newport Place
ApdI21, 2015
KEETON KREITZER CONSULTING
A O. BOX 3905, TUSTIN, CA 92 781-3 905
Office: 714- 665 -8509
the environmental analysis; (4) preparation of the environmental documentation (i.e, initial study /mitigated
negative declaration); (5) processing of the environmental documentation and public participation; (6)
preparation of the final environmental document; and (7) 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.
It is important to note that the scope of work presented below in this Scope of Services entails a 2 -step
approach to implementing the environmental in order to determine the appropriate environmental document
that would be required to adequately analyze the proposed project, The initial step encompasses the
preparation of the initial study, which would necessitate the preparation of several technical studies identified
above, including a traffic impact analysis, an air quality analysis, and an acoustical analysis; these studies are
reflected in the scope of work proposed below. In addition, other technical studies that would also be
required include a hydrology study /WQMP, soils and geologic report, and a Phase I environmental site
assessment, which would be provided by the project applicant It will be necessary to complete these studies
early in the review process to determine the nature and extent of the potential effects and the need, if any, to
mitigate potentially significant impacts that may occur as a result of project implementation. The findings and
recommendations of these technical studies, as well as the findings and recommendations identified in the
analysis conducted for other non - technical issues, will be incorporated into the initial study in order to
adequately analysis the proposed project
If it is determined that all of the impacts identified during the course of the preparing the initial study are
either "less than significant" or "less than significant with mitigation," and no significant impacts remain, the
initial study would conclude that a mitigated negative declaration determination would be made. However, if
it is determined that potentially significant impacts would occur and adequate mitigation measure(s) either
could not be identified in the initial study phase of analysis or that the potentially significant impacts would
remain even after mitigation is incorporated, the initial study would conclude that further environmental
analysis would be required and a Draft EIR determination would be made. The scope of work presented
below outlines and describes each work task related to the initial phase of work (i.e., initial study /mitigated
negative declaration) and subsequent environmental analysis (i.e., preparation of a Draft EIR). The scope of
work presented below outlines and describes the work effort necessary to complete the environmental review
process. Option 1 presents a scope and budget necessary to prepare a Mitigated Negative Declaration and
Option 2 reflects the scope of work and budget that would be required to prepare a Draft EIR in the event the
initial study concludes that an EIR must be prepared.
Option 1- Preparation of a Mitigated Negative Declaration
Task One -
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
Environmental Consulting Services
The Residences at Newport Place
April21, 2015
KEETON KREITZER CONSULTING
A O. BOX 3905, TUSTIN, CA 92 781 -3 905
Office: 714- 665 -8509
coordination with City staff, project technical consultants, and responsible agencies, if determined necessary.
In addition, it will also be important to schedule a meeting with the City of Irvine and Caltrans, if determined
necessary, depending on the outcome of the construction impacts, to ensure that potential traffic concerns of
those agencies can be identified and addressed in the traffic assessment and environmental analysis in order
to avoid significant comments on the initial study /mitigated negative declaration.
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;
• Consultation and coordination with project technical consultants to ensure that the technical
studies accurately reflect the project parameters and adequately reflect the potential effects
of the proposed project;
• Assurance that the Draft environmental document meets the requirements of CEQA, the State
CEQA Guidelines, and the City's CEQA procedures;
• Attendance of KKC and project traffic engineer at a meeting with representatives of the City
of Newport Beach, and the City of Irvine and Caltrans, if determined necessary, to review and
identify potential traffic issues; 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: $2,400.00
Task Two - Sub - Consultant Studies
In order to complete the environmental analysis that will be prepared in Task Two, an air quality /greenhouse
gas (GHG) impact analysis will be prepared due to the nature and extent of grading (i.e., export of over 37,000
cubic yards of earth material) anticipated to occur as a result of project implementation. In addition, a limited
noise analysis will also be conducted to document any potentially significant increase in construction- related
noise in any nearby noise- sensitive areas in the project environs. Finally, it will also be necessary to
undertake a traffic analysis to evaluate the potential impact of the addition of heavy truck traffic generated
during the construction phase.
Air Quality /GHG Analysis
As previously indicated, project implementation will require the demolition of approximately 58,300 square
feet of structures that currently exist on the project site. Demolition of these structures will generate heavy
truck trips to export the demolition debris, either for recycling or for landfilling. An unknown number of
additional heavy truck trips would be generated as a result of the demolition activities (i.e., an estimated
13,100 cubic yards of construction debris resulting from the nearly 58,300 square feet of existing structures).
In addition, the project also requires excavation that would also necessitate exporting over 37,000 cubic yards
of soil to the Prima Deshecha Landfill. It is estimated that as many 2,672 or more heavy truck trips would be
generated during the grading /hauling phase alone. The potential impacts of the demolition, grading and
Environmental Consulting Services
The Residences at Newport Place
ApH121, 2015
KEETON KREITZER CONSULTING
A O. BOX 3905, TUSTIN, CA 92 781 -3 905
Officer 714 - 665 -8509
construction activities will be addressed in the air quality and greenhouse gas analysis. In addition, the traffic
assessment will also be submitted to KKC for inclusion into the initial study and which will serve as the basis
of the air quality/GHG analysis.
Noise Analysis
Due to the potentially significant number of heavy truck trips generated during the demolition, site
preparation /grading, and construction phase, a noise analysis will be undertaken to assess the potential
short -term construction- related mobile- source noise impacts. In addition, because the project is located
within the vicinity of John Wayne Airport and subject to aviation - related noise, the analysis will also assess
the long -term noise impacts associated with the aviation activities occurring at the airport.
Traffic Assessment
Although the City has determined that a Traffic Phasing Ordinance (TPO) analysis is not required, it will be
necessary to undertake a comparative traffic assessment to qualitatively evaluate project - related traffic
compared to the trip generation associated with the existing MacArthur Square development and the General
Plan build out traffic. It is important to note that the traffic analysis addresses issues identified by the City of
Newport Beach, including a review of trip existing and proposed trip generation and qualitative analysis of
construction traffic. (An analysis of intersections is not included in the construction traffic analysis. Should it
be determined that such an analysis is required, a revised scope and budget for the traffic analysis will be
submitted based on the direction given by the City of Newport Beach.) The revised budget will be based on a
fee of $2,500.00 for each intersection analyzed. Other optional items identified in the attached scope of work
include a meeting with the City of Irvine and Caltrans staff, site access and circulation evaluation, trip
generation for a revised or alternative plan, attendance at additional team meetings, and attendance at
community meetings or additional public hearings. The optional task identified in the scope and budget
would be undertaken only upon approval and authorization of the City of Newport Beach.
A team of technical consultants has been assembled to address the traffic and air quality/GHG issues,
including:
Air Quality/GHG Analysis Giroux & Associates
Noise Assessment Giroux & Associates
Traffic Assessment Kimley- Horn &Associates, Inc.
Estimated Time Frame: 4 Weeks
Estimated Budget: $15.450.00
($ 3,950.00 -Air Quality/GHG Analysis)
($ 1,000.00 -Noise Assessment)
($10,500.00 - Traffic Assessment)
Task Three - Preparation of the Preliminary Draft Initial Study
KKC will be responsible for the preparation of the initial study for the proposed Residences at Newport Place
project Based on a review of the State CEQA Guidelines, the proposed project does not appear to be either
statutorily or categorically exempt due to the potential impacts anticipated as a result of the grading /export
operations. 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
Environmental Consulting Services
The Residences at Newport Place
April2l, 2015
KEETON KREITZER CONSULTING
A 0. BOX 3905, TUSTIN, CA 92781-3905
Office: 714- 665 -8605
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: $12,300.00
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, State Clearinghouse, 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 Determination" (NED) form to the
appropriate office of the California Department of Fish & Wildlife to request a waiver of the CDFW fee. The
NED will be sent to CDFW at the time the proposed MND is distributed.
Estimated Time Frame: 1 Week
Estimated Budget: $1,760.00
Task Five - Preparation of the Final Initial Study/( Mitigated) Negative Declaration /MMRP
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. In addition, KKC will prepare the Mitigation Monitoring
and Reporting Program (MMRP). The MMRP will identify each mitigation measure, the manner and timing of
implementation, and the responsibility for implementation.
Estimated Time Frame: 1 Week
Estimated Budget: $3,080.00
Environmental Consulting Services
The Residences at Newport Place
Apri121, 2015
KEETON KREITZER CONSULTING
P. O. BOX 3905, TUSTIN, CA 92 781-3 905
Office. 714 - 665 -8605
Task Six - Public Hearings
KKC will attend up to two public hearings before the Newport Beach Planning Commission. The
Principal /Project Manager will attend the public hearings 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 and Filing of Legal Notices
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
CDFW "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 Planning Commission, KKC will submit the NOD for posting with the County Clerk, along with
a copy of the CDFW- approved "No Effect Determination" form, should that agency render such a
determination. The CDFW filing fee is not reflected in the estimated budget for miscellaneous expenses and is
the responsibility of the applicant This fee must be paid at the time the NOD is filed with the County
Clerk /Recorder, which must occur within five working days of project approval.' 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: $540.00
Option 2 - Preparation of a Draft EIR
Task One - Project Management /Coordination
Same as described for Option 1; however, the estimated budget for Task One has been revised to reflect the
additional time allocated to meetings and /or management and coordination with project team members
and /or City staff that may be anticipated as a result of the additional work program.
Estimated Time Frame: As Required
Estimated Budget: $3,600.00
Task Two - Sub - Consultant Studies
Same as Option 1.
Estimated Time Frame: 4 Weeks
Estimated Budget: $15,450.00
'The NOD must be filed with the County Clerk within five (5) working days of project approval. If not filed within the five -day
time frame, the statutory appeal period is extended from 30 days to 180 days.
Environmental Consulting Services
The Residences at Newport Place
Apri121, 2015
KEETON KREITZER CONSULTING
A 0, BOX 3905, TUSTIN, CA 92 781 -3 905
Office: 714 -665 -8605
Task Three - Preliminary Initial Study
Same as Option 1.
Estimated Time Frame: 4 Weeks
Estimated Budget: $12,300.00
Task Four - Draft Initial Study
Estimated Time Frame: 1 Week
Estimated Budget: $1,760.00
Task Five - Preliminary Draft EIR
The most significant task to be undertaken as part of the proposed work program is that of preparing the EIR.
An Administrative Draft EIR will be the precursor to the Draft document and will be submitted to the City for
review and comment prior to the preparation of the Draft EIR. This work effort will rely in large part on the
analysis prepared during the preparation of the initial study, which encompassed both primary and secondary
research to establish the ambient environmental conditions, understand in detail the environmental impacts
associated with the proposed project, evaluate proposed mitigation measures and /or recommend additional
mitigation measures to eliminate or reduce environmental impacts to an acceptable level. The Draft EIR
outline proposed for the project is presented below, followed by a brief discussion of the information that will
be included in each section of the document. As indicated in the outline, it is anticipated that the following
environmental topics would not require further analysis in the Draft EIR based on the baseline environmental
conditions: Aesthetics, Agriculture and Forestry Resources, Biological Resources, Cultural Resources, and
Mineral Resources. In addition, Recreation would be addressed in the Public Services section of the document
Draft EIR
Table of Contents
Newport Place
Newport Beach, CA
CHAPTER 1.0 - EXECUTIVE SUMMARY
1.1 Description of the Proposed Project
1.1.1
Project Location
1.1.2
Project Description
1.1.3
Project Phasing
1.1.4
Project Objectives
1.2 Alternatives
1.2.1
Summary of Alternatives
1.2.2
Environmentally Superior Alternative
1.3 Areas of Controversy
1.4 Issues to be Resolved
1.5 Impact Summary Table
Environmental Consulting Services
The Residences at Newport Place
April 21, 2015
KEETON KREITZER CONSULTING
P. O. BOX 3905, TUSTIN, CA 92 781 -3 905
Office. 714- 665 -8605
CHAPTER 2.0 - INTRODUCTION
2.1 Purpose of the Draft EIR
2.1.1
Authority
2.1.2
Incorporation by Reference
2.1.3
Intended Uses of the Draft EIR
2.1.4
Related Approvals
2.1.5
Agencies Having Jurisdiction
2.1.6
Availability of the Draft EIR
2.2 Methodology
Noise
2.2.1
Existing Environmental Setting
2.2.2
Significance Criteria
2.2.3
Project Design Features /Standard Conditions
2.2.4
Environmental Impact Analysis
2.2.5
Mitigation Measures
2.2.6
Level of Significance After Mitigation
CHAPTER 3.0- PROJECT DESCRIPTION
3.1 Project Location
3.2 Definition of the Project Site
3.3 Environmental Setting
3.4 History and Evolution of the Proposed Project
3.5 Project Description
3.6 Project Phasing
3.7 Project Objectives
CHAPTER 4.0 - ENVIRONMENTAL ANALYSIS
4.1
Air Quality
4.2
Geology and Soils
4.3
Greenhouse Gas /Climate Change
4.4
Hazards and Hazardous Materials
4.5
Hydrology /Water Quality
4.6
Land Use and Planning
4.7
Noise
4.8
Population and Housing
4.9
Public Services and Facilities
4.9.1 Police Protection
4.9.2 Fire Protection
4.9.3 School Facilities
4.9.4 Parks and Recreation
4.10
Transportation /Traffic
4.11
Utilities
4.11.1 Sewer Facilities and Service
4.11.2 Water Facilities and Service
4.11.3 Solid Waste Facilities
Environmental Consulting Services
The Residences at Newport Place
April2l, 2015
KEETON KREITZER CONSULTING
A 0. BOX 3905, TUSTIN, CA 92781 -3905
Office: 714 - 665 -8605
CHAPTER 5.0 - CUMULATIVE IMPACTS
5.1 Description of Cumulative Projects
5.2 Cumulative Impacts Analysis
CHAPTER 6.0 - ALTERNATIVES TO THE PROPOSED PROJECT
6.1 Introduction
6.1.1 Purpose and Scope
6.1.2 Criteria of Alternatives
6.1.3 Identification of Alternatives
6.2 Analysis of Alternativesz
6.3 Summary of Alternatives
6.4 Identification of Environmentally Superior Alternative
CHAPTER 7.0 - SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE
INVOLVED IN THE PROPOSED ACTION SHOULD IT BE IMPLEMENTED
CHAPTER 8.0 -
GROWTH - INDUCING IMPACTS
CHAPTER 9.0 -
INVENTORY OF MITIGATION MEASURES
CHAPTER 10.0 -
INVENTORY OF UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS
CHAPTER 11.0 -
ORGANIZATIONS AND PERSONS CONSULTED
CHAPTER 12.0 - BIBLIOGRAPHY
TECHNICAL APPENDIX
A. Notice of Preparation
B. NOP Comment Letters
C. Air Quality /GHG Analysis
D. Preliminary Geotechnical Analysis
E. Phase I ESA
E. Hydrology Analysis /WQMP
F. Noise Analysis
G. Traffic Assessment
A summary of the information and analyses to be included in each of the sections identified in the preceding
table of contents is presented below.
1.0 Executive Summary
A summary of the project location, description and objectives will be presented in this section as well as a
summary of the potential impacts, mitigation measures, and unavoidable environmental consequences,
presented in a matrix or table format This section will also include a brief description of each alternative
ZA maximum of four alternatives, including the "No Project' alternative will be evaluated. The specific nature of the land
use(s) of each of the alternatives will be determined in consultation with the City of Newport Beach and selected technical consultants.
Environmental Consulting Services
The Residences at Newport Place
Apri121, 2015
KEETON KREITZER CONSULTING
P. O. BOX 3905, TUSTIN, CA 92781-3905
Office: 714 - 665 -8605
(including identification of the "environmentally superior' alternative), a list of potential areas of controversy,
and issues to be resolved as required by the State CEQA Guidelines.
2.0 Introduction
This introductory section will identify the purpose and scope of the Draft EIR, the contents of the document,
the authority by which it has been required, the agencies having jurisdiction over the project, and the intended
uses of the document (i.e., subsequent discretionary and /or permit approvals).
3.0 Project Description
A complete description of the project, including its history and evolution, location, parameters, phasing (if
available), and all actions necessary to implement the proposed project will be presented in this section. The
description will include a narrative component and statistical tables as appropriate to adequately describe the
nature, scope and intensity of the project. This section will also include a brief presentation of background
information necessary to provide a context for the applications.
4.0 Environmental Analysis
The purpose of this chapter of the Draft EIR is to describe the existing environmental conditions on the subject
property and in the environs and to identify the potential impacts or consequences that may result from
implementation of the proposed project. This section will contain the environmental analysis for each issue
that has been determined to be the subject of the Draft EIR. The extent of the analysis and documentation for
each issue will be identified in Task Two as well as in NOP comments and during the public scoping meeting.
In some cases, the discussion will be a summary of a technical study prepared by a member of the applicant's
consultant team. In each case where a technical study will be the basis for the environmental analysis
contained in the EIR, the technical report will be condensed to present the existing environmental conditions,
provide an assessment of the potential project - related impacts, and identify /recommend appropriate
mitigation measures to ensure that the environmental consequences are eliminated or reduced to a less than
significant level, if feasible. As indicated in the recommended Table of Contents, the environmental analysis
will evaluate potential associated with a wide range of issues. In addition, if determined necessary, additional
issues would also be evaluated based on relevant comments received during the NOP /scoping process.
The scope of work included in this Scope of Services also includes the preparation of several technical studies
(i.e., hydrology /WQMP, noise, air quality, traffic, etc). However, it should be noted that the land use studies
and other technical documentation prepared by /for the applicant and /or City of Newport Beach will also be
utilized to the extent they are applicable to the proposed project In order to facilitate the analysis of each
issue, a standard format will be employed to analyze each issue thoroughly. This format is presented below
with a brief discussion of the information included within each topic.
• Existing Environmental Setting
This introductory section describes the existing environmental conditions related to each issue
analyzed in the Draft EIR. In accordance with the State CEQA Guidelines, both the local and regional
settings are discussed as they exist prior to implementation of the proposed project This
documentation will serve as the baseline upon which the project - related impacts will be evaluated.
Environmental Consulting Services
The Residences at Newport Place
April21, 2015
10
KEETON KREITZER CONSULTING
P. O. BOX 3905, TUSTIN, CA 92781 -3905
Office. 714 - 665 -8605
Significance Criteria
Specific criteria will be identified and presented in this section of the Draft EIR upon which the
significance of the project- related potential impacts is determined. The significance criteria which are
the basis of the environmental analysis contained in the Draft EIR will be derived from the significant
effects presented in the State CEQA Guidelines, adopted local (i.e, City of Newport Beach, etc.), State
and /or federal policies and programs that may apply; and other commonly accepted technical and
non - technical standards prescribed by responsible agencies (i.e., County of Orange, South Coast
AQMD, Caltrans, etc.) determined to be appropriate by the lead agency.
Project Design Features /Standard Conditions
This section of the document will identify specific project design features (PDF) that will be
incorporated into the proposed project that are intended to preempt project - related impacts (e.g.,
incorporation of mature landscaping, etc.) by the applicant as well as standard conditions (SC) that
are typically imposed by regulatory agencies (e.g., adherence to the Uniform Building Code) on
development in order to ensure safety and minimize adverse environmental effects. The discussion of
potential environmental impacts in Chapter 4 will reflect the incorporation of any PDFs and SCs
included this section.
Environmental Impact Analysis
The environmental analysis for each issue, which has been determined to be the subject of the Draft
EIR, is contained in this section of the document. The extent of the analysis and documentation for
each issue will be identified during the NOP scoping process (refer to Task Two). In some cases, the
discussion will be a summary of a technical study prepared by a member of the consultant team. In
such case, the technical report will be condensed to present the existing environmental conditions,
provide an assessment of the potential project - related impacts, and identify /recommend appropriate
mitigation measures to ensure that the environmental consequences are eliminated or reduced to a
less than significant level, if feasible. All project - related impacts, including those associated with all
phases of the proposed project, will be clearly and adequately analyzed in accordance with the State
CEQA Guidelines. It should be noted that any previous land use studies and /or other technical
documentation prepared by /for the applicant and /or City of Newport Beach will be utilized to the
extent it is applicable to the proposed project. The analysis of impacts will address both short -term
(i.e., construction) and long -term (i.e., operational) impacts.
Mitigation Measures
Where a potential significant environmental effect has been identified based on the criteria identified
in analysis and that impact cannot be avoided, mitigation measures will be identified and included in
this section of the document which "... minimize significant adverse impacts ... for each significant
environmental effect identified in the EIR ", as prescribed in the State CEQA Guidelines.
Level of Significance after Mitigation
Unavoidable significant adverse impacts are those effects that either cannot be mitigated or they
remain significant even after mitigation is incorporated into the proposed project. These significant
effects, if determined to occur as a result of project implementation, even with the incorporation of
mitigation measures, will be identified in this section of the Draft EIR. Prior to approval of the
proposed project, the Newport Beach City Council will be required to adopt a Statement of Overriding
Environmental Consulting Services
The Residences at Newport Place
April2l, 2015
11
KEETON KREITZER CONSULTING
A 0. BOX 3905, TUSTIN, CA 92781 -3905
Office: 714- 665 -8605
Considerations that identifies and describes the public benefit(s) associated with project
implementation that offset the significant impacts. (It is important to note that the Newport Beach
City Council adopted a Statement of Overriding Considerations to balance the significant unavoidable
noise impacts resulting from the construction of the Newport Place project.)
Additionally, the State CEQA Guidelines requires a discussion of "any inconsistencies between the
proposed project and applicable general plans and regional plans." This discussion will occur within
Section 4.9 (Land Use /Relevant Planning).
5.0 Cumulative Impacts
This section of the Draft EIR will focus on other projects that are proposed or approved in the project environs
that would create demands on servicing agencies and affect the ability of those agencies to continue to provide
an adequate level of service. The City of Newport Beach will identify any projects that have been proposed or
are approved in the vicinity of the proposed project within its jurisdiction. In addition, the City will query
adjacent municipalities in an effort to identify additional projects in the vicinity of the subject property. These
other projects will be evaluated with the proposed project to determine project - related cumulative impacts.
This section of the Draft EIR will also provide a discussion of these cumulative projects and their potential
impacts on the several issues analyzed in Chapter 4.0 of the document.
6.0 Alternatives to the Proposed Project
Chapter 6.0 will provide a qualitative impact analysis of the alternatives identified by KKC and the City of
Newport Beach. Three potential land use alternatives will be identified by the City during the initial stages of
the analysis. The Draft EIR will analyze a maximum of four alternatives, including the "no project' alternative
as prescribed by the State CEQA Guidelines, which will be selected following the completion of the
environmental impact analysis by KKC and approved by the Environmental Administrator.
7.0 Significant Irretrievable Environmental Changes Which Would Be Involved in the Proposed Action
Should It Be Implemented
Those impacts, which cannot be avoided, even with the implementation of mitigation measures, will be
identified and summarized from the discussions contained in Chapter 4.0.
8.0 Growth- Inducing Impacts
The manner in which the project could foster economic and /or population growth, either directly or
indirectly, in the surrounding area will be thoroughly discussed. The characteristics of the project, which may
encourage and facilitate other activities that could significantly affect the environment, either individually or
cumulatively, will also be discussed in this chapter.
9.0 Inventory of Mitigation Measures
This chapter of the document will include a comprehensive listing of the mitigation measures that will be
required as a result of project implementation. This listing of mitigation measures will be used to create the
mitigation monitoring and reporting program that will stipulate the timing and responsibility for each
mitigation measure.
Environmental Consulting Services
The Residences at Newport Place
April21, 2015
12
KEETON KREITZER CONSULTING
A 0, BOX 3905, TUSTIN, CA 92 781 -3 905
Office: 714- 665 -8605
10.0 Inventory of Unavoidable Significant Adverse Impacts
A comprehensive listing of the potential unavoidable adverse impacts (i.e., those that cannot be mitigated to a
less than significant level) that are anticipated as a result of project implementation will be presented in this
section of the Draft EIR. In addition, cumulative impacts that are significant and unavoidable will also be
identified and listed.
11.0 Organizations and Persons Consulted
A comprehensive listing of each individual and the organization with which the individual is associated will be
included in this Chapter of the Draft EIR to document the source of the information utilized in the
environmental analysis.
12.0 Bibliography
Each document used as a reference or source of information will also be identified and presented in the
Bibliography that will serve as a reference to those reviewing the Draft EIR. Pursuant to current CEQA
requirements, the location(s) where each of the bibliographic references is maintained will be identified in
this chapter to facilitate the review should the reference materials be needed.
Upon completion of the Preliminary Draft EIR, KKC will print three (3) copies of the document and submit
them to the City's Planning Department for review and comment
Estimated Time Frame: 4 Weeks
Estimated Budget: $11,200.00
Task Six - Preparation of the Draft EIR
All comments on the information and analysis contained in the Administrative Draft EIR made by City staff
during their review will be forwarded to KKC for incorporation into the Draft EIR. It is anticipated that the
City's review will be completed within a two -week period. The City will review the document to ensure that
the information contained within it is adequate and complete before the Draft EIR is printed and distributed.
Once released by City staff, the environmental consultant will distribute the Draft EIR with the Notice of
Completion (NOC) for a 45 -day public review and comment period. The document will be mailed via certified
mail (return receipt) to the entities identified on the master distribution list that also received the NOP.
Estimated Time Frame: 2 Weeks
Estimated Budget: $2,760.00
Task Seven - Response to Public Comments
At the end of the State- mandated 45 -day public review period, all comments received by the City from local,
State and other responsible agencies and interested parties will be forwarded to KKC. Each comment will be
addressed as it relates to the adequacy of the Draft EIR. An appendix to the Draft EIR will be prepared that
includes a listing of each agency /individual commenting on the Draft EIR, the correspondence received from
the commentator, and the responses prepared for each relevant comment. (Note: The estimated budget for
this task is based on 24 hours at a billable rate of $115.00 /hour.)
Estimated Time Frame: 2 Weeks
Estimated Budget: $2,760.00
Environmental Consulting Services
The Residences at Newport Place
Apri121, 2015
13
KEETON KREITZER CONSULTING
P. O. BOX 3905, TUSTIN, C4 92781 -3905
Office: 714 - 665 -8605
Task Eieht- Final
Once the Draft EIR is certified, the Final EIR will be prepared. That document will consist of the response to
comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the Final
EIR will include "redline /strikeout" revisions that reflect changes resulting from comments received during
the public review and comment period.
Estimated Time Frame: 2 Weeks
Estimated Budget: $1,840.00
Task Nine Mitigation Monitoring Program /Findings/Statement of Overriding Considerations
KKC will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. This
document will be presented to the City of Newport Beach and will identify each mitigation measure to be
carried out if the project is implemented, the entity that will be responsible for implementing the mitigation
measure(s), and when each measure will be implemented. In addition, the Findings of Fact and Statement of
Overriding Consideration, if determined necessary (i.e., unavoidable significant adverse impacts remain after
mitigation), will also be prepared and submitted to the City for review and presentation to the City of Newport
Beach Planning Commission for certification prior to approval of the proposed project In addition, KKC will
also prepare the EIR Certification resolution.
Estimated Time Frame: 4 Weeks
Estimated Budget: $3,000.00
Task Ten - Public Hearings
Same as Option 1.
Estimated Time Frame: As Required
Estimated Budget: $1,200.00
Task Eleven - Preparation and Filing of Legal Notices
Estimated Time Frame: Same as Option 1
Estimated Budget: $540.00
II. PROJECT SCHEDULE
A project schedule has been developed for each option and both are presented below. The schedules reflect
the time frames that will be necessary to undertake and complete the services outlined in this Scope of
Services for each option.
Option 1
The estimated schedule to complete the environmental review process for Option 1 (Mitigated Negative
Declaration) is reflected below.
Environmental Consulting Services
The Residences at Newport Place
April2l, 2015
14
KEETON KREITZER CONSULTING
A O. BOX 3905, TUSTIN, CA 92 781 -3 905
Office. 714- 665 -8605
Estimated Project Schedule
Option 1— Mitigated Negative Declaration
Task
Description
Estimated Time
1
Project lnitiation Coordination
As Required
2
Sub - Consultant Studies
4 Weeks
3
Preliminary Initial Study
6 Weeks
City Review
2 Weeks
4
Draft Initial Study
1 Week
Public Review and Comment
4 Weeks
5
Final Mitigated Negative Declaration MMRP
1 Week
6
Public Hearings
As Required
7
1 Preparation and Filing of Legal Notices
1 Da
Option 2
The estimated schedule to complete the environmental review process for Option 2 (Draft EIR) is reflected
below.
Estimated Project Schedule
Option 2 — Draft EIR
Task
Description
Estimated Time
1
Project Initiation Coordination
As Required
2
Sub - Consultant Studies
4 Weeks
3
Preliminary Initial Study
6 Weeks
City Review
2 Weeks
4
Draft Initial Study
1 Week
Notice of Preparation/Public Comment
4 Weeks
5
Preliminary Draft EIR
4 Weeks'
City Review
2 Weeks
6
Draft EIR
2Weeks
Public Review and Comment
6 Weeks
Res onse to Public Comments
2 Weeks
K10
Final EIR
2 Week
MMRP Findin s SOC
2 Weeks2
Public Hearings
As Required
Preparation and Filing of Legal Notices
1 Da
14 Weeks in Task 5 would occur concurrently with NOP Public Comment Period.
22 Weeks in Task 9 would occur concurrently with the 45 -day public review period
for the Draft EIR.
Environmental Consulting Services
The Residences at Newport Place
Apri121, 2015
is
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781 -3905
Office. • 714 - 665 -8605
III. ESTIMATED BUDGET
Option 1
The scope of services and work described in Section I will be undertaken and completed for a not -to- exceed
fee of $38,780.00. This fee includes meetings and coordination, preparation of technical studies and the
environmental analysis contained in the initial study, preparation of necessary CEQA notices and printing as
indicated below, and attendance at two (2) public hearings associated with the Initial Study /Mitigated
Negative Declaration. A budget summary is presented below.
Budget Summary - Option 1
Mitigated Negative Declaration
Title
Man -Hours
Billing Rate
Estimated Budget
Task One - Project Initiation Coordination
Principal 16 $150.00 Hour $ 2,400.00
Task Two - Sub - Consultant Studies
Air Quality /GHG Analysis
$ 3,950.00
Noise Analysis
$ 1,000.00
Traffic Assessment
$10,500.001
Sub -Total
$15,450.00
Task Three - Prelimina Initial Stud
Project Manager
16
$115.00 /Hour
$ 1,840.00
Report Preparation
80
$ 90.00 /Hour
$ 7,200.00
Research and Analysis
20
$ 75.00 /Hour
$ 1,500.00
Graphics
16
$ 60.00 /Hour
$ 960.00
Word Processing
20
$ 40.00 /Hour
$ 800.00
Sub -Total
152
$12,300.00
Task Four -Draft Initial Study/ Ne ative Declaration
Report Preparation
16
$ 90.00 /Hour
$ 1,440.00
Word Processing
8
$40.00 /Hour
$ 320.00
Sub -Total
24
$ 1,760.00
Task Five -Final Initial Stud Ne alive Declaration and MMRP
Project Manager
24
$115.00 /Hour
$ 2,760.002
Word Processing
8
$ 40.00 /Hour
$ 320.00
Sub -Total
32
$ 3,080.00
Task Six - Public Hearings
Principal 1 8 1 $150.00 Hour $ 1,200.003
Environmental Consulting Services
The Residences at Newport Place
Aprilll, 201 S
16
KEETON KREITZER CONSULTING
A O. BOX 3905, TUSTIN, CA 92 781 -3 905
Office: 714 - 665 -8605
Tide
I Man -Hours I
Billing Rate
Estimated Budget
Task Seven - Legal Notices
Report Preparation
4
$115.00 /Hour
$ 460.00
Word Processing
2
$ 40.00 /Hour
$ 80.00
6
$ 540.00
Printing and Re roduction
Printing and Reproduction
$ 1,750.00
Postage
$ 250.00
NOD Filing Fee
$ 50.00
Sub -Total
$ 2,050.004
TOTAL ESTIMATED BUDGET
$38,780.005
'Does not reflect optional tasks specified in the Traffic Assessment Scope of Work. Should
additional analysis be required, a revised scope and budget will be prepared and submitted
to the City for approval and authorization prior to proceeding.
2Estimated budget for responses to comments. This budget anticipates a up to 10 comment
letters and 25 total individual comments.
31ncludes 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.
4Includes 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.
5Total does not include CDFW fee, which may be required at the time the Notice of
Determination is filed with the Orange County Clerk- Recorder if a NED is not issued by CDFW.
The CDFW fee for an NO or MND is $2,210.00. This fee must be paid by the project applicant at
the time the NOD is filed with the County Clerk Recorder.
Option 2
The scope of services and work described in Section I will be undertaken and completed for a not -to- exceed
fee of $61,960.00. This fee includes meetings and coordination, preparation of technical studies and the
environmental analysis contained in the initial study, preparation of necessary CEQA notices and printing as
indicated below, and attendance at two (2) public hearings associated with the Draft EIR A budget summary
is presented below.
Environmental Consulting Services
The Residences at Newport Place
April 21, 2015
17
KEETON KREITZER CONSULTING
A 0. BOX 3905, TUSTIN, CA 92 781 -3 905
Office: 714 -665 -8605
Budget Summary - Option 2
Draft EIR
Title
I Man -Hours
I Billing Rate
Estimated Budget
Task One - Project Initiation Coordination
Principal 24 1 $150.00 Hour $ 3,600.00
Task Two - Sub - Consultant Studies
Air Quality /GHG Analysis
$ 3,950.00
Noise Analysis
$ 1,000.00
Traffic Assessment
$12,500.001
Sub -Total
$15,450.00
Task Three - Prelimina Initial Stud
Project Manager
16
$115.00 /Hour
$ 1,840.00
Report Preparation
80
$ 90.00 /Hour
$ 7,200.00
Research and Analysis
20
$ 75.00 /Hour
$ 1,500.00
Graphics
16
$ 60.00 /Hour
$ 960.00
Word Processing
20
$ 40.00 /Hour
$ 800.00
Sub -Total
152
$12,300.00
Task Four - Draft Initial Stud
Report Preparation
16
$ 90.00 /Hour
$ 1,440.00
Word Processing
8
$ 40.00 /Hour
$ 320.00
Sub -Total
24
$ 1,760.00
Task Five - Prelimina Draft EIR
Project Manager
8
$150.00 /Hour
$ 1,200.001
Report Preparation
80
$115.00 /Hour
$ 9,200.00
Word Processing
20
$ 40.00 /Hour
$ 800.00
Sub -Total
108
$11,200.00
Task Six - Draft EIR
Report Preparation 24 $115.00 Hour $ 2,760.00
Task Seven - Res onse to Comments
Report Pre aration 1 24 $115.00 Hour $ 2,760.001
Task Eight - Final EIR
Report Preparation
16
$115.00 /Hour
$ 1,840.00
Environmental Consulting Services
The Residences at Newport Place
April2l, 2015
18
KEETON KREITZER CONSULTING
P. 0, BOX 3905, TUSTIN, CA 92781 -3905
Office. 714 - 665 -8605
Title
I Man -Hours
I Billing Rate
Estimated Budget
Task Nine - MMRP Findin s SOC
Principal 1 20 1 $150.00 Hour $ 3,000.00
Task Ten - Public Hearin s
Principal 8 $150.00 Hour $ 1,200.003
Task Eleven - Le al Notices
Report Preparation
4
$115.00 /Hour
$ 460.00
Word Processing
2
$ 40.00 /Hour
$ 80.00
6
$ 540.00
Printing and Re roduction
Printing and Reproduction
$ 5,000.00
Postage
$ 500.00
NOD Filing Fee
$ 50.00
Sub -Total
$5,550.004
TOTAL ESTIMATED BUDGET
$61,960.005
'Does not reflect optional tasks specified in the Traffic Assessment Scope of Work. Should
additional analysis be required, a revised scope and budget will be prepared and submitted
to the City for approval and authorization prior to proceeding.
zEstimated budget for responses to comments. This budget anticipates a up to 15 comment
letters and 60 total individual comments.
31ncludes 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 forty (40) copies of the Initial Study and Draft EIR and postage (via certified
mail /return receipt for the NOP and delivery confirmation for the Draft EIR) to distribute the
Initial Study and Draft EIR to responsible agencies.
5Total does not include CDFW fee, which may be required at the time the Notice of
Determination is filed with the Orange County Clerk- Recorder if a NED is not issued by CDFW.
The CDFW fee for an EIR is $3,069.75. This fee must be paid by the project applicant at the time
the NOD is filed with the County Clerk Recorder.
Environmental Consulting Services
The Residences at Newport Place
Apri121, 2015
19
KEETON KREITZER CONSULTING
P. O. BOX 3905, TUSTIN, CA 92781-3905
Office: 714 - 665 -8605
IV. SCHEDULE OF BILLING RATES
Work undertaken to complete the task identified in the Scope of Services presented in Section I will be
charged at the rates specified below, where were effective January 1, 2015.
Principal /Attendance at Public Hearings $150.00
Project Management /Coordination $115.00
Report Preparation
$ 90.00
Research and Analysis
$ 75.00
Graphics
$ 60.00
Administration/Word Processing
$ 40.00
Printing and Reproduction Cost + 10%
Postage and Supplies Cost+ 10%
V. 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 Scope of Services.
1. A complete description of the proposed Residences at Newport Place project
2. Conceptual Plans, if available, of potential site development
3. All environmental documents prepared for the proposed project, including but not limited to:
Phase I and /or 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 Place Planned Community District Text.
S. Project Objectives.
9. All other pertinent information related to the proposed project.
VII. STATEMENT OF OFFER /TERMS OF AGREEMENT
Environmental Consulting Services
The Residences at Newport Place
Apri] 21, 2015
all
KEETON KREITZER CONSULTING
P. 0. BOX 3905, TUSTIN, CA 92781 -3905
Office: 714 - 665 -8605
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 Scope of Services,
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 Scope of Services for Option 1 (Mitigated Negative Declaration) for
a budget of $38,780.00. If it is determined that an EIR is required (Option 2), the budget for that scope of
work is $61,960.00. 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.
Environmental Consulting Services
The Residences at Newport Place
Apri121, 2015
21
EXHIBIT B
SCHEDULE OF BILLING RATES
Keeton Kreitzer Consulting Page B -1
KEETON KREITZER CONSULTING
P. 0. BOX39O5, TUSTIN, CA 92781 -3905
Office: 714 -665 -8605
SCHEDULE OF BILLING RATES
Work undertaken to complete the task identified in the Scope of Services presented in Section I will be
charged at the rates specified below, where were effective January 1, 2015.
Principal /Attendance at Public Hearings
$150.00
Project Management /Coordination
$115.00
Report Preparation
$ 90.00
Research and Analysis
$ 75.00
Graphics
$ 60.00
Administration /Word Processing
$ 40.00
Printing and Reproduction Cost + 10%
Postage and Supplies Cost + 10%
Environmental Consulting Services
The Residences at Newport Place
April 21, 2015
23
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
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.
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.
3. Coverage Requirements.
A. 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.
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.
B. 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, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. 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 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.
Keeton Kreitzer Consulting Page C -1
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, 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.
C. 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.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. 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.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Keeton Kreitzer Consulting Page C -2
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. 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. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. 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.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. 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 Consulting Page C -3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/27/15
Dept. /Contact Received From:
Date Completed: 4/28/15 Sent to:
Company /Person required to have certificate:
Type of contract:
Terresa
Terresa By: Chris/Alicia
Keeton Kreitzer Consulting
All Other
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 9/01/14 to 9/1/15
A.
INSURANCE COMPANY: Travelers Indemnity Co of CT
B.
AM BEST RATING (A-: VII or greater): A + +; XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided ?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (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
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® NIA ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ NIA ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 9/01/14 to 911115
A.
INSURANCE COMPANY: Travelers Indemnity Cc of CT
B.
AM BEST RATING (A-: VII or greater) A + +; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
® NIA ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ NIA ® Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: Exempt per Terresa Moritz 4/27/15
A. INSURANCE COMPANY:
B. AM BEST RATING (A-: VII or greater):
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO. WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
4 -28 -15
Date
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
❑ N/A ® Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
❑ Yes ® No
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Professional Liability Effective 5 /06 /15 to 5106118 AM Best rating: A' XV - Admitted. Limit $1 M/1 M
Approved:
Risk Management Date
* Subject to the terms of the contract.