HomeMy WebLinkAboutC-4926 - PSA for Environmental Consulting Related to the Housing Element UpdatePROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER DBA KEETON KREITZER CONSULTING
FOR ENVIRONMENTAL CONSULTING RELATED TO
THE HOUSING ELEMENT UPDATE
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
and entered into as of this -3) -! day of August, 2011 by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and Keeton Kreitzer
dba Keeton Kreitzer Consulting, a sole proprietorship ( "Consultant "), whose address is
180 South Prospect Avenue, Suite 140A, 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 needs to finalize and adopt the update to the Housing Element of the
General Plan.
C. City desires to engage Consultant to prepare the required environmental
documentation in accordance with the California Environmental Quality Act
( "CEQA ").] ( "Project "), including the Notice of Determination and CDFG "No
Effect" Determination.
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project shall be [Principal
member(s) of Consultant].
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on August 11, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct and are
hereby incorporated by reference. Consultant shall diligently perform all the services
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay. The Project Administrator shall review
all such requests and may grant reasonable time extensions for unforeseeable delays
that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eleven
Thousand Three Hundred Ninety Dollars and no /100 ($11,390.00) without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing in advance
by City. Unless otherwise approved, such costs shall be limited and include nothing
more than the following costs incurred by Consultant:
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4.3.1 The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this Agreement, which have been
approved in advance by City and awarded in accordance with this Agreement.
4.3.2 Approved reproduction charges.
4.3.3 Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the performance of this
Agreement.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Keeton Kreitzer.to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
Melinda Whelan, Assistant Planner or her designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
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7.1.2 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed Work, Consultant certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, sub - 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 attorney's fees in any action
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on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
14.1 Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City.
14.2 Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at all times
Keeton Kreitzer Consulting Page 5
during the term of this contract. City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
14.2.1 Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subconsultants. The cost of such
insurance shall be included in Consultant's proposal.
14.3 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subconsultant's employees.
14.4.1.1 Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least thirty (30) calendar
days (ten (10) calendar days written notice of non - payment of premium) prior to such
change.
14.4.1.2 Consultant shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
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14.8 Other Insurance Provisions or Requirements.
14.8.1 The policies are to contain, or be endorsed to contain, the following
provisions:
14.8.1.1 Waiver of Subrogation. All insurance coverage
maintained or procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing insurance
evidence in compliance with these requirements to waive their right of recovery prior to
a loss. Consultant hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
14.8.1.2 Enforcement of Contract Provisions. Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes no additional
obligations on the City nor does it waive any rights hereunder.
14.8.1.3 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.1.4 Notice of Cancellation. Consultant agrees to oblige
its insurance agent or broker and insurers to provide to City with thirty (30) days notice
of cancellation (except for nonpayment for which ten (10) days notice is required) or
nonrenewal of coverage for each required coverage.
14.9 Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement.
14.10 Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment
may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint-venture.
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16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the Work
outlined in the Scope of Services. The subconsultants authorized by City to perform
Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to
City for all acts and omissions of the subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. The City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and the City. Except as
specifically authorized herein, the Services to be provided under this Agreement shall
not be otherwise assigned, transferred, contracted or subcontracted out without the
prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in the City's latest adopted version of
Microsoft Word, Excel or portable document format (.pdf).
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
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20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
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performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attention: Melinda Whelan, Assistant Planner
Community Development Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3221
Fax: 949 - 644 -3229
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attention: Keeton K. Kreitzer, Principal
Keeton Krietzer Consulting
180 South Prospect Avenue, Suite 140A
P.O. Box 3905
Tustin, CA 92781 -3905
Phone: 714- 665 -8509
Fax: 714 - 665 -8539
Email: kkconsulting @sbcglobal.net
27. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in this Agreement, the Consultant shall be required to file any
claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
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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.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Consultant. In the event of termination under
this Section, City shall pay Consultant for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Consultant has not been
previously paid. On the effective date of termination, Consultant shall deliver to City all
reports, Documents and other information developed or accumulated in the
performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Compliance With all Laws
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all Work
prepared by Consultant shall conform to applicable City, county, state and federal laws,
rules, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
29.2 Waiver
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
29.3 Integrated Contract
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein.
29.4 Conflicts or Inconsistencies
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
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29.5 Interpretation
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
29.6 Amendments
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
29.7 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
29.8 Controlling Law And Venue
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
29.9 Equal Opportunity Employment
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
29.10 No Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorney's fees.
29.11 Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE O, ) THE / )7 ATTORNEY AD Yealiforrnni7 munig�� corporation
Dai
Assistant City Attorney
ATTEST:
Date: '>
n
By:
Lei
Cit,
By: 71,�v►c�l 'ate►
Kimberly Brandt, AI P
Community Development Director
CONSULTANT: KEETON KREITZER
DBA KEETON KREITZER
CONSULTING, a sole proprietorship
Date: 6.25. 1
r A
By: l A x,
Keeton K.
Principal
Attachments: Exhibit A — Scope of Services & Billing Rates
document24.18.2011
Keeton Kreitzer Consulting Page 13
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH HOUSING ELEMENT UPDATE
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH HOUSING ELEMENT UPDATE
NEWPORT BEACH, CA
SCOPE OF SERVICES
WORKPROGRAM
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 an initial study (IS) for the proposed Housing
Element Update to the Newport Beach General Plan.
The environmental analysis will evaluate the potential effects of the changes anticipated to occur as a
result of the adoption of the proposed Housing Element Update, which has been updated to revise, delete,
and /or add housing programs anticipated to achieve the long- ranges goals, policies and objectives of the
City of Newport Beach. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to
complete the work identified in this proposal related to the preparation of the initial study includes: (1) the
provision of competent, effective environmental analysis project management; (2) preparation of the
environmental documentation (i.e., initial study /negative declaration); (3) processing of the environmental
documentation and public participation, (4) preparation of the final environmental document; and (5)
preparation of CEQA notices. It is important to note that no new technical studies will be undertaken to
prepare the initial study for the proposed Housing Element Update. KKC will utilize documents and
information provided by the City, including but not limited to the Final EIR prepared for the Newport Beach
General Plan, the preliminary environmental analysis for the Housing Element Update prepared in 2008,
and the initial study /negative declaration prepared for the Zoning Ordinance Update. The successful
completion of the scope of work will be achieved undertaking several work tasks. Each of these work
tasks has been identified and described below.
Task One - Project Initiation /Coordination
KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the
required environmental document (i.e., Initial Study). Due to the schedule established for the proposed
project, project management/coordination will be an integral part of the planning process. KKC will
coordinate all works efforts with City staff to ensure that the schedule is achieved. In addition, KKC will
work closely with City staff to ensure that the project description, which is integral to the environmental
analysis, is prepared in a timely fashion and reflects each of the necessary project elements are included.
KKC will meet with City as necessary to facilitate the environmental review process.
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;
Proposal for Environmental Consulting Services
Newport Beach Housing Element Update
August 9, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH HOUSING ELEMENT UPDATE
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures, and
Coordination with City staff and attendance at meetings with City staff as necessary within
the allocated budget.
Task Two — Preparation of the Preliminary Draft Initial Stud
KKC will be responsible for the preparation of the initial study for the proposed Newport Beach Housing
Element Update. The analysis undertaken by KKC will include a thorough review of the preliminary
environmental analysis prepared by PBS &J in 2008 for the Housing Element Update as well as the Initial
Study /Negative Declaration prepared by RBF Consulting for the Zoning Ordinance Update in 2010.
Information contained in these documents determined to be salient to the proposed Housing Element
Update will be utilized in the environmental analysis prepared by KKC. In addition, information and
analysis contained in the Newport Beach General Plan and General Plan Final EIR will also be the basis
of the analysis undertaken for the proposed project. Where appropriate, such information and analysis
will be incorporated by referenced and summarized as permitted in Section 15150 of the State CEQA
Guidelines. The specific purpose of the analysis will be to document the potentially adverse
environmental impacts associated with the proposed Housing Element Update and identify, if determined
necessary, potential mitigation measures that would assure that no significant impacts will occur as a
result of project implementation. These findings will be documented in the most recent environmental
checklist included in the 2011 State CEQA Guidelines.
Task Three — Preparation of the Draft Initial Stud
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 /ND 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 ND to responsible agencies,
resource agencies, and other individuals and organizations included on the 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 (State Clearinghouse) 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.
Task Four — Preparation of the Final Negative Declaration
KKC, in cooperation with the Newport Beach Planning Department staff, will prepare written responses to
all CEQA- related comments received during the public review and comment period. These responses will
be submitted to the City of Newport Beach for review prior to completion of the Final Negative Declaration.
It is important to note that the proposed budget 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.
Task Five — Public Hearings
If requested by the City, KKC will attend two public hearings, including one (1) public hearing before the
Newport Beach Planning Commission and one (1) public hearing before the Newport Beach City Council.
Proposal for Environmental Consulting Services
Newport Beach Housing Element Update
August 9, 2011
2
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH HOUSING ELEMENT UPDATE
The Principal /Project Manager will attend the public hearing and will be responsible for making all
presentations and responding to questions raised during the public hearing. Should additional hearings be
required, they will be charged at the appropriate hourly rate.
Task Six - Preparation of the Notice of Determination and CDFG "No Effect' Determination
As previously indicated, KKC will be responsible for preparing both the Notice of Determination that must
be filed in the office of the Orange County Clerk- Recorder and with the State Clearinghouse. Once
completed, these forms will be submitted to the City. The filing fees are not reflected in the estimated
budget for miscellaneous expenses and are the responsibility of the City of Newport Beach.
II. PROJECT SCHEDULE
A tentative project schedule has been developed by the City, which would result in public hearings before
the Newport Beach Planning Commission and City Council in November and December, respectively.
The Project Schedule reflects the anticipated December project approval and the anticipated interim
target dates identified by the City. The project schedule is presented below.
Project Schedule
Newport Beach Housing Element Update
Newport Beach, CA
Task
Description
Estimated Time
Anticipated
Completion Date
1
Project Initiation /Coordination
As Required
N/A
2
Preliminary Initial Study
4 Weeks
September 5, 2011
City Review
1 Week
September 12, 2011
3
Draft Initial Study
1 Week
September 19, 2011
Public Review and Comment Period
4 Weeks
October 20, 2011
4
Final Mitigated Negative Declaration
1 Week
October 27, 2011
5
Planning Commission Hearing
N/A
November 3, 2011
City Council Hearin
N/A
December 15, 2011
6
Filing of Legal Notices
1 Day
December 16, 2011
III. ESTIMATED BUDGET
The scope of services and work described in Section I will be undertaken and completed for a not -to-
exceed fee of $11,390.00. This fee includes meetings and coordination, preparation of the environmental
analysis contained in the initial study, preparation of necessary CEQA notices and printing as indicated
below, and attendance at two (2) public hearings associated with the Initial Study /Negative Declaration. A
budget summary is presented below.
Proposal for Environmental Consulting Services
Newport Beach Housing Element Update
August 9, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH HOUSING ELEMENT UPDATE
Budget Summary
Newport Beach Housing Element Update
Newport Beach, CA
Title
Man -Hours
Billing Rate
Estimated Budget
Task One - Project Initiation /Coordination
Project Manager 1 8 $150.00 /Hour $ 920.00
TaskTwo — Prelimina Initial Stud
Project Manager 40 $115.00/Hour $ 4,600.00
Task Three - Draft Initial Stud /Ne ative Declaration
Project Manager 8 $115.00 /Hour $ 920.00
Task Four — Final Initial Study/Negative Declaration
Project Manager 1 16 $115.00 /Hour $ 1,84.0.00
Task Five - Public Hearings
Principal 1 8 1 $150.00 /Hour $ 1,200.00
Task Six - Le al Notices /Notice of Determination
Word Processing 4 1 $ 40.00 /Hour $ 160.00
Printing and Reproduction
Printing and Reproduction
Postage
Sub -Total
$ 1,500.00
$ 250.00
$ 1,750.002
TOTAL ESTIMATED BUDGET
84
$11,390.00
'Includes 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.
2Includes 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.
3Total does not include filing fees, which are required at the time the Notice of Determination
is filed with the Orange County Clerk- Recorder.
Proposal for Environmental Consulting Services
Newport Beach Housing Element Update
August 9, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH HOUSING ELEMENT UPDATE
IV. BILLING AND PAYMENT
All charges shall be in accordance with the Budget Summary presented in Section III of this proposal.
Invoices shall be submitted on a monthly basis, which clearly describe the specific services and tasks
performed during the billing period.
All payments and project - related information shall be directed to the mailing address reflected below.
Keeton K. Kreitzer, Principal
Keeton Kreitzer Consulting
180 South Prospect Avenue, Suite 140A
P. O. Box 3905 (Mailing Address)
Tustin, CA 92781 -3905
(714) 665 -8509
(714) 665 -8539 (Fax)
kkconsulting@sbcglobal.net
V. PROJECT MANAGEMENT AND PERSONNEL
Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of
work presented in this proposal for environmental consulting services. Mr. Kreitzer has over 25 years of
environmental planning experience and has served as project manager for several similar projects. He
has been personally responsible for the preparation of over 100 environmental documents required
pursuant to the California Environmental Quality Act and has also prepared environmental studies
mandated under the National Environmental Policy Act. He has recently reestablished his own
environmental consulting firm (Keeton Kreitzer Consulting) in order to provide public and private sector
clients with high level, personalized environmental consulting services, including the preparation of
environmental documents pursuant to CEQA and NEPA. He is currently managing the preparation of
several environmental documents, including those for the Newport Banning Ranch Local Coastal Program
in the County of Orange, West Coyote Hills in the City of Fullerton, the Emery Ranch residential
development plans in the Cities of La Mirada and Fullerton, and for the Central City Redevelopment
Project Area in the City of Bell Gardens. Mr. Kreitzer's resume has been included with this scope of work.
VI. RESPONSIBILITY OF THE CITY OF NEWPORT BEACH
The following information shall be provided to KKC by the project applicant and /or the City of Newport
Beach in order to complete the analysis described in this proposal.
1. A complete description of the proposed Housing Element Update project, including
changes, additions and /or deletions of goals, policies and programs.
2. All previous environmental documents prepared for the proposed project.
3. All other pertinent information related to the proposed project.
Proposal for Environmental Consulting Services
Newport Beach Housing Element Update
August 9, 2011
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
NEWPORT BEACH HOUSING ELEMENT UPDATE
VII. STATEMENT OF OFFER /TERMS OF AGREEMENT
KKC is prepared to begin work on this project immediately upon execution of the contract. You may be
assured that should we be selected to provide the environmental services described in this proposal, we
shall devote our full resources to the project and will approach it with the highest degree of enthusiasm,
objectivity, and professionalism.
KKC will perform all work described in this proposal for a budget of $11,390.00. This offer is valid for a
period of sixty (60) days. It should be emphasized that these costs are based upon our assumptions
made on the scope of the project. Should the scope change significantly, necessitating a change to the
work program, we will contact you immediately and amend both the scope of services and budget
accordingly.
Offer Presented By:
Keeton K. Kreitzer, Principal
KEETON KREITZER CONSULTING
Date: August 9, 2011
Proposal for Environmental Consulting Services
Newport Beach Housing Element Update
August 9, 2011
CERTIFICATE OF INSURANCE
CHECKLIST
Cary of Newport Reach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 8/12/2011 Dept. /Contact Received From: Terresa Moritz
Date Completed: 8/17/2011 Sent to: Joel By: Joel
Company /Person required to have certificate: Keeton Kreitzer
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: Travelers Property Casualty
B.
AM BEST RATING (A-: VII or greater): A: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
Yes FX
No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
S 1,000,000
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
Yes
No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
Yes F7X
No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included? Yes F_Xj No
H. 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 0 No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
Endeaver Wording-
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Travlers Property Casualty
B. AM BEST RATING (A-: VII or greater) A: XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Yes FX No 0
D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers):
What are the limits provided? $1,000,000
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A Yes No
F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
Endeavor wording
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Signed Exemption Form
B. AM BEST RATING (A-: VII or greater):
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑ No ❑
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
NOTES:
Approved:
August 23, 2011
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
= Requires approval /exception /waiver by Risk Management
Comments:
Approved:
Risk Management Date
* Subject to the terms of the contract.
Date
Yes FX No
B &B initials