HomeMy WebLinkAbout05 - Santa Ana Heights Equestrian FacilityCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 5
October 23, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
David Kiff, Assistant City Manager
(949) 644 -3002 or dkiff @city.newport - beach.ca.us
SUBJECT: Santa Ana Heights Equestrian Facility - Amendment to Professional
Services Agreement with Keeton Kreitzer Consulting
ISSUE:
Should the City approve an amendment to the May 9, 2006, Professional Services
Agreement with Keeton Kreitzer Consulting, for the inclusion of project management
services and additional environmental analysis for the Santa Ana Heights Equestrian
Arena Project?
RECOMMENDATION:
Approve an amendment to Professional Services Agreement with Keeton Kreitzer
Consulting, for project management services and additional environmental analysis
associated with the preparation of an Initial Study /Mitigated Negative Declaration not to
exceed the cost of $19,960.00, and authorize the Mayor and City Clerk to the sign the
Agreement.
DISCUSSION:
On May 9, 2006, the City Council authorized the Mayor to sign.a Professional Services
Agreement with Keeton Kreitzer Consulting in amount not to exceed $41,300 (including
a 5% contingency) to conduct environmental services for the project. The actual budget
for this PSA is $39,273.00. To date, the remaining balance is $12,710.25.
Keeton Kreitzer Consulting work needs to be expanded to include project management
services, which had been managed by former Senior Planner George Berger, and
additional environmental analysis associated with the preparation of the Resource
Management Plan (RMP). The purpose of a RMP is to address issues that were
identified during meetings and discussions with the California Department of Fish and
Game and U.S. Fish and Wildlife Service, after the Draft Initial Study /Mitigated Negative
Declaration was circulated for public comment. The estimated budget to undertake the
expansion of project management services and environmental analysis would not
exceed $19,960, which would result in a revised total budget of $60,233.00. This
proposed budget also includes $5,000.00 in biological consulting fees to review the
Keeton Kreitzer PSA Amendment
October 23, 2007
Page 2
necessary RMP and address resource agency issues related to the biological
resources. It does not, however, include planning services necessary to prepare the
RMP. Staff will work with Keeton Kreitzer Consulting to select a consultant to provide
the necessary planning services. This proposed budget does include management and
direction of the work, including coordination with the planning consultant for the RMP.
Funding Availability: The Santa Ana Heights Equestrian Arena (and its related habitat
restoration efforts) is one of ten projects identified by the Orange County Board of
Supervisors for funding with the remaining redevelopment dollars for the SAH Project
Area. As a reminder, these ten projects are:
PROJECTS
Fund 15A
Fund 173
SAH Water System
240,000.00
Kline Ddve
850,000.00
Community Horse Arena
175,000.00
Park Improvements-Orchard Dr.
295,000.00
SAH Fire Station
0
...............
n oo 00o0o
Sidewalk - Bristol Street
150,000.00
Mesa -Birch Park "'
378,000.00
Utility Under grounding (Mesa-Cypress)
7,500 000.00
Irvine Street Widening"
0
0
Sewer Improvements
850,000.00
TOTAL BUDGETED PROJECTS
9,588,000.00
8,050,000.00
The City is managing four of the projects - the horse arena, the fire station, Mesa -Birch
Park, and the Undergrounding. We will not know the final cost of this arena and
restoration project will be (although the budget above shows it at $175,000.00) until the
design and permitting is complete. To date, we have been drawing from the existing
CIP Item ( #7459- C5100866) to fund design and permitting.
Environmental Review: Environmental review is not required for this Council action.
Public Notice: This agenda item requires standard Brown Act Notice.
Submitted by:
1
U -A
Dave K0
AssistaM City Manager
Attachments: 1. Draft Amendment 1 to Professional Services Agreement with Keeton
Kreitzer Consulting
2. May 9, 2006 Professional
Consulting
Services Agreement with Keeton Kreitzer
I
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT WITH KEETON KREITZER
CONSULTING FOR SANTA ANA HEIGHTS EQUESTIAN FACILITY
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is
entered into as of this day of , 200_, by and between the
CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and Keeton Kreitzer
Consulting (KKC), a sole proprietorship, whose address is 17291 Irvine Boulevard, Ste.
305, California, 92780 ( "CONSULTANT "), and is made with reference to the following:
RECITALS:
A. On May 9, 2006, CITY and CONSULTANT entered into a Professional Services
Agreement, hereinafter referred to as "AGREEMENT ", for environmental
consulting services for the Santa Ana Height Equestian Facility, hereinafter
referred to as "PROJECT
B. CITY desires to enter into this AMENDMENT NO. 1 to reflect additional services
not included in the AGREEMENT and to extend the term of the AGREEMENT.
C. CITY desires to compensate CONSULTANT for additional professional services
needed for PROJECT.
D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter
referred to as "AMENDMENT NO. 1, as provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. In addition to the services to be provided pursuant to the AGREEMENT and
AMENDMENT NO. 1, CONSULTANT-shall diligently perform all the services
described in AMENDMENT NO. 1 including, but not limited to, all work set forth
in the Scope of Services attached hereto as Exhibit A and incorporated herein by
reference. The City may elect to delete certain tasks of the Scope of Services at
its sole discretion.
2. City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached to the AGREEMENT. Consultant's compensation for all
work performed in accordance with this AMENDMENT NO. 1, including all
reimbursable items and subconsultant fees, shall not exceed Nineteen Thousand
Nine Hundred Sixty Dollars and no(100 ($19,960.00) without prior written
authorization from City.
3. The term of the AGREEMENT shall be extended to December 31, 2008.
4. Except as expressly modified herein, all other provisions, terms, and covenants
set forth in AGREEMENT shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1
on the date first above written.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
0
LaVonne Harkless,
City Clerk
Attachments: Exhibit A — Scope of Services
CITY OF NEWPORT BEACH,
A Municipal Corporation
M
Mayor
for the City of Newport Beach
CONSULTANT:
In
Keeton Kreitzer Consulting
F:\ users\ cat\ shared \ContracffemplatesPublishedonI ntranet\FORMPSAAmendment.doc
Keeton Kreitzer Consulting
17291 Irvine Boulevard, Suite 305
Tustin, CA 92780
RECEIVED BY
September 21, 2007 PLANNING DEPARTMENT
SEP 2 4 2007
Mr. David Kiff, Assistance City Manager CITY OF NEWPORT BEACH
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658
SUBJECT: Santa Ana Heights Equestrian Facility /Budget Augmentation
Dear Mr. Klff:
At the request of Rosalinh Ung, I am providing you with this letter to request a budget augmentation to the
contract between the City of Newport Beach and Keeton Kreitzer Consulting (KKC) for Environmental
Consulting Services related to the Santa Ana Heights Equestrian Facility project.
Based on my conversations regarding the project with Ms. Ung, the scope of work for the Santa Ana
Heights Equestrian Facility project will be expanded to include project management services and
additional environmental analysis associated with the preparation of the (mini) Resource Management
Plan (RMP), which is intended to issues identified by the California Department of Fish and Game and
U.S. Fish and Wildlife Service during meetings and discussions with those agencies following circulation
of the Draft IS/MND prepared for the project. The estimated budget to undertake the expanded project
management and environmental services responsibilities would not exceed $19,960.00, which would
result in a revised total budget of $60,233.00. These fees are summarized in the table presented below.
Task
- .Dascri.tion=.ofTask:1
Original..
Budget':';
Ameunt
B)1(e¢
'Otmount-
,F;etr4amm
Budget::
:'Au gmeiit"
3.
Revised +`.;
d "9 _
1
Project Mana ement
$ 5,520.00
$ 5,060 -00
$ 460.00
$ 9,200.00
$14720.00
2
Technical Studies
$13,540.00
$13,474.43
$ 65.57
$ 5,000.00
$18,540.00
3
Initial Study/MND
$ 5,660.00
$ 5,660.00
$ 0.00
$ 3,000.00
$ - 8,660.00
4
Final MND
$ 1,180.00
$ 1,180.00
$ 0.00
$ 1,180.00
5
MMRP
$ 400.00
$ 400.00
$ 0.00
$ 400.00
6
Public Hearing
$ 920.00
$ 920.00
$ 0.00
$ 920.00
7
Legal Notices
$ 160.00
1
$ 160.00
$ 0.00
$ 160.00
8
Permit Processing
$ 4,600.00
$ 4,600.00
$ 0.00
$ 4,600.00
Contingency
$ 5,000.00
$ 1,160.00
$ 3,840.00
$ 1,160.00
$ 6,160.00
Printing/Rep roduction
$ 2,293.00
$ 1,208.32
$ 1 084.68
$1,600.00
$ 3,893.00
Totals
$39,273.00
$26,562.75
$12,710.25
$19,960.00
$60,233.00
This budget includes only fees to address biology issues. It assumes that the City of Newport Beach
will retain the project planner to prepare the Resource Management Plan under separate contract.
2Reflects additional costs to print and recirculate the MND as discussed with Resources Agencies.
This fee also includes $300.00 for the CDFG Fee, which was increased from $1,500.00 to
$1,800.00.
17291 Irvine Boulevard, Suite 305 - Tustin, CA 92780 - (714) 665 -8509 Fax (714) 665 -8539
J
Mr. David Kiff, Assistant City Manager
City of Newport Beach
September 21, 2007
Page Two
It is important to note that, in addition to the project management fees and those to prepare the revised
environmental document (Tasks 1 and 3), the budget also Includes $5,000:00 in biological consulting fees
to review the proposed RMP and address resource agency issues related to the biological resources.
However, the revised budget does not include planning services necessary to prepare the Resources
Management Plan. It is anticipated that the City will select a consultant to provide the necessary planning
services and execute a contract with that consultant. The fee does include management and direction of
the work, including coordination with the planning consultant selected by the City.
Please let me know if you have any questlons or additional information on the augmentation request that I
have presented above. I look forward to completing this project for the City of Newport Beach.
Very sincerely,
KEETON KREITZER CONSULTING
Keeton Kt er
Principal
KKK:rjr
cc: Ms. Rosalinh Ung, Project Manager, City of Newport Beach
17291 Imine Boulevard, Suite 305 - Tustin, CA 92780 - (714) 665 -8509 - Fax (714) 665 -8539
(j
PROFESSIONAL SERVICES AGREEMENT WITH
KEETON KREITZER CONSULTING
THIS AGREEMENT is made and entered into as of this,,,9�h .d•ay,, f:a4,ay ,2@Q6 ,,by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
KEETON KREITZER CONSULTING- a California Corporation whose address is l�eeis%tr:
e�Ezer :C�rn ultfrig rt Iry E�%d ° `t� .:3 Tus i ,,
Carl form le, ;�927 &0
( "Consultant "), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to construct an equestrian facility ( "Facility") in the Santa Ana
Heights community.
C. City desires to engage Consultant to provide permit processing services and
environmental review services for the Facility ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Keeton
Kreitzer
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
f. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30AAgy.w bf D err�t3e[,, 2- 99& -.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 attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
W
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3,1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
I elay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit A and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, .including all reimbursable items and subconsultant fees, shall not
exceed thirty nine thousand, two hundred seventy three dollars ($39,273.00)
without prior written authorization from City. No billing rate changes shall be
made during the term of this Agreement without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall 'include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement,
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
4A Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated KEETON
KREITZER to be its Project Manager. Consultant shall not remove or reassign
the Project Manager or any personnel listed in Exhibit A or assign any new or
replacement personnel to the Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to the removal or
assignment of non -key personnel.
Consultant: at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. Dave Kiff,
Assistant City Manager (or his designee) shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project
9
Administrator or hisiher authorized representative shall represent City in all
maters pertaining to the services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to: and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or.facilibes to be rehabilitated.
8. STANDARD OF CARE
8.1 Ail of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shalt obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are 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.
10
9. HOLD HARMLESS
To the fuliest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
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 work negligently
performed or services provided under this Agreement (including, without
limitation, defects in workmanship or materials and/or design defects [if the
design originated with Consultant)) or Consultant's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or any or all of
them).
.Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
active negligence or willful misconduct of the indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11, COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City s Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the Citys Risk
Manager.
D. Coverage Reguirements.
i�
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation insurance and Employers Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition. Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employers Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance, Consultant shall
maintain professional errors, and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
13
directly or indirectly from the Consultant s operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have. shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
parry except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice_ of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultants performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting pourer, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
No Subcontractors. The parties recognize that a substantial inducement to City
for entering into this Agreement is the professional reputation, experience and
competence of Consultant. Assignments of any or ail rights, duties or obligations
of the Consultant under this Agreement will be permitted only with the express
written consent of City. Consultant shall not subcontract any portion of the work
to be performed under this Agreement without the prior written authorization of
City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents`), prepared or caused to be. prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further.
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data, (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data, All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for improvement Plans.. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of. Microsoft Word and
Excel.
19, CONFIDENTIALITY
15
All Documents, including drafts. preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. 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.
22. 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.
23. 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.
G
24. ERRORS AND OMISSIONS
In the event of error 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 any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ. other Consultants in connection with the
Project.
26. CONFLECTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27, NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant 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. Ali notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Dave Kiff
City Manager's Office
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 -644 -3002
Fax: 949 -644 -3020
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
0
Attention: Keeton Kreltzer
Keeton Kreitzer Consulting
17291 Irvine Blvd, Suite 305
Tustin. CA 92780
Phone: 714 -665 -8509
Fax: 714 -655 -8539
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that parry shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting parry written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29.' 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.
30. 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.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
13
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments auached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. 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.
35. 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.
36. 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.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
lCityAttorney
for the City of Newport Beach
CITY OF NEWPORT B A Ei,
A Munici a�Cor p or tion P /
By: f /--� /-- l ; ✓��L,
Mayor
for the City of Newport Beach
1
___ I
City Clerk
CONSULTANT:
Attachments: Exhibit A — Scope of Services & Billing Rates
PROPOSAL FOR ENOPONME.NTAL CO3NSULTiNG SEP, VICES
St. NTA.ANA HEIGHTS FOUES T rRIAN FACILtTY
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
FOR THE SANTA ANA HEIGHTS EQUESTRIAN FACILITY
CONDITIONAL USE PERMITICOASTAL DEVELOPMENT PERMIT
NEWPORT BEACH, CA
SCOPE OF SERVICES
WORK PROGRAM
A work program has been developed to ensure that the environmental review process is carried out in
accordance with the California Environmental Quality Act (CEQA) and the City of Newport Beach adopted
CEQA procedures. The scope of services envisioned by Keeton Kreitzer Consulting (KKC) to complete
the work identified in this proposal includes: (t) the provision of competent, effeeiive environmental
analysis project management; (2) incorporation of existing and additional technical studies that may be
required by the City (e.g., traffic and circulation. noise, air quality, hydrology, preliminary geotechnical
analysis, etc.); (3) preparation of the environmental documentation ( i.e., initial study /mitigated negative
declaration); (4) processing of the environmental documentation and public participation; (5) preparation
of the final environmental document; and (6) preparation and filing of CEQA notices. These several
objectives will be achieved through the completion of several work tasks. Each of these work tasks has
been identified and described below.
Task One - Proiect Initiation /Coordination
KKC will be responsible for managing and coordinating all of the work to be undertaken to prepare the
required environmental document (i.e., proposed [Mitigated) Negative Declaration). Project Coordination
will be an integral part of the planning process as indicated in the RFP. 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 o f t he C ity o f Newport B each, K KC, and p roject 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. This task will also include four (4) additional meetings
with City staff and codrdination with the project t ethnical consultants, r esource a gencies, and C oastal
Commission staff. This task will also include additional meetings with other affected jurisdictions,
agencies and /or organizations as necessary to identify impacts, assess impacts and define mitigation
measures.
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 io ensure that City policies are incorporated into the Draft,
environmental document;
Assurance that the Draft environmental document meets the requirements of CEQA, the
State CEQA Guidelines, and the City's CEQA procedures; and
Proposal for Environmental GDnsulting Services
Santa Ana heights Egw_strian Fadrity
March 2006
i
�� I
PROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SANTA', ANA HEIGHTS EQUESTRIAN FACILITY
Coordiration with City staff and attendance at up to five (5) meetings with City staff as
indicated above.
Attendance at meeting with other agencies and organizations as determined necessary
and the preparation of written and oral progress reports, resolve issues, review comments
and receive necessary direction from City staff.
Estimated Time Frame: As Required
Estimated Budget: $5,520.00.
Task Two - Subconsultanl SuDDort
Because the project is located within the City's Coastal Zone, it will be necessary to conduct two studies to
address important issues associated with the implementation of the equestrian facilities. These issues
include water quality and biological resources. The firm of Fuscoe Engineering, Inc., will prepare a Water
Quality Management Plan (WQMP), which will identify appropriate Best Management Practices (BMPs)
that would be implemented with the proposed project to address the potential impacts resulting from the
equestrian use. In addition, the subject property is located within an area that supports occupied coastal
sage scrub habitat. Although no such habitat is located.on the subject property, it will be necessary to
address the potential indirect impacts of the proposed use on the nearby coastal sage scrub habitat and
coastal California gnatcatcher. To that end, BonTerra Consulting will conduct an .assessment of the
project - related impacts to the habitat and will recommend appropriate measures to ensure that any direct
or indirect on the habitat andlor sensitive species. Finally, KKC will undertake a records search through
the South. Central Coastal Information Center at California State University, Fullerton, to document the
proximity of the site to recorded archaeological sites.
Estimated Time Frame: 4 to 5 Weeks
Estimated Budget: $13,540.00
Each of the technical analyses conducted for the proposed project would necessarily address the issues
identified by the City and reflected in the RFP.
Task Three - Initial StudvlMitioated Negative Declaration
KKC will be responsible for the preparation of the initial study for the proposed Santa Ana Heights
Equestrian Facility project. Based on a review of the State CEQA Guidelines, the proposed project is
neither statutorily nor categorically exempt. Therefore, it would be subject to CEQA review. In order to
achieve the objective of preparing a (Mitigated) Negative Declaration, the initial study must necessarily be
extensive and thorough. Each of the topics identified on the City's environmental assessment form or, if
desired by the City, on the State CEQA Guidelines will be analyzed to document the nature and extent of
any potential environmental consequences (and the need for mitigation). T he specific purpose of the
analysis will be to d ocument t he I ack of a dverse a nvironmental i mpacts a ssociated w ith t he p roposed
residential proiect to support the environmental determination that no significant impacts will occur as a
result of project implementation. It is important to note that to the extent applicable, information from the
previous initial studylnegative declaration prepared for the equestrian facility in 2000 will be used,
however. the information and analysis will be updated to ensure that the most current information is
presented in the VIAND.
Fmposal for Environmental Consulting Senaces
Santa Ara Heialits EgwsMan FacilRy
I.�zrch 200E
M
PROPOSAL FOR E ?di /iRQN1`4 1VTAL CONSULTING SERVICES
SANTA ANA HEIGHTS EQUESTRIAN FACILITY
The environmental analysis conducted for the proposed project will include research and analysis
necessary to determine the nature and extent of the potential environmental impacts of the proposed
Santa Ana Heights Equestrian Facility project. Specifically, the potentially significant impacts will be based
on significance thresholds established by the City of Newport Beach. Should the analysis determine that a
potentially significant impacts would occur, appropriate mitigation will be p rescribed t o e rsure t hat t he
potentially significant impacts will be reduced to a less than significant level as mandated by CEQA and
the State CEQA Guidelines. However, should it be determined that a potentially signrcant impact would
occur and mitigation is not adequate to reduce the adverse effect to an acceptable (or mitigation is
determined to be infeasible), the City will be advised immediately in order to identified the appropriate
course of action (e.g., reduce the scope of the proposed project to reduce the potentially significant impact
or prepare a Draft EIR). It is important to acknowledge that should the initial environmental analysis
conclude that a project- related impact would remain significant, even with mitigation, the City would be
required to prepare an Environmental Impact Report (EIR). Should it be necessary to do so, KKC will
prepare a revised scope and budget for approval by the City prior to proceeding with any work on the EIR.
Nonetheless, it is anticipated that any potentially significant environmental impacts that would be
anticipated can be mitigated, resulting in the preparation of a mitigated negative declaration. As reflected
above and in the work program, KKC has presented a scope of w ork f or t he p reparation o f a n I nitial
Study/Mitigated Negative Declaration (ISIMND). The proposed IS/MND will be submitted to the City of
Newport Beach for review and comment KKC will revise the initial study based on the comments made
by City staff and prepare the Draft ISIMND. Once completed, the Draft document will be distributed for a
30 -day public review and comment period as required by the State CEQA Guidelines for local project.
KKC will be responsible for distributing the document to the list of recipients developed by the City. KKC
will a Iso b e r esponsible f or p osting t he N otice o f I nteni t o P repare a N egative D eclaration b oth at the
Orange County Clerk- Recorder's Office and at the City of Newport Beach.
Estimated Time Frame: 8 Weeks
Estimated Budget: $5,400.00
Task Four - Preparation of the Final Negative Declaration
KKC, in cooperation with the Newport Beach Planning Department staff, will prepare written responses to
all relevant comments received during the public review and comment period. These responses will be
submitted to the City of Newport Beach for review prior to completion of the Final Negative Declaration. It
is important to note that the budget identified below reflects a limited amount of public comments. This
budget may be revised if, after a thorough review of all comments received on the Draft (Mitigated)
Negative Declaration, it is determined that it is inadequate to respond to all of the comments received on
that document.
Estimated Time Frame: 2 Weeks
Estimated Budget: $2,840.00
Task Five — Mitigation Monitorino and Reporting Program
An mandated in the RFP, KKC will prepare the Mitigation Monitoring and Reporting Program (MRRP) for
the proposed project. This document will be presented to the City of Newport Beach and A411 identify each
mitigation measure to be carried out if the project is implemented, the entity that will be responsible for
Proposal For Environmantal Consul[ina Services
Santa Ana ;iei3hts Equestrian Facility
March 2006
a3
4 POPOSAL : "OR ENVIRONMENTAL CONSULTING SERVICES
SANTA ANA :HEIGHTS FGUE STRIPJJ FACiL/TY
implementing the miiigatior, measure(s), and when each measure will be implemented. The MRRP will be
presented io the City in a form that is acceptable to the City of Newport Beach.
Estimated Time Frame: 1 week
Estimated Budget: 82,040.00
Task Six - Public Hearinos
If requested by the City, KKC will attend up to five (5) public hearings and workshops, including those
before the Newport Beach Planning Commission, and City Council. The Principal/Project Manager will
attend the public hearing and will be responsible for making all presentations.and responding to questions
raised during the. public hearing. Should additional hearings be required, they will be charged at the
appropriate hourly rate.
Estimated Time Frame: As Required
Estimated Budget: $2,760.00
Task Seven - Preparation of Lacial Notice /Advertisement. Notice of Determination and DFG Certification
KKC will be responsible for preparing both the requisite legal notice for the public advertisement, the
Notice of Determination and the Department of Fish and Game fee (e.g., De Minimis certification or
impact fee) forms that must be filed In the office of the Orange County Clerk - Recorder and with the State
Clearinghouse. Once completed, these forms will be submitted to the City for review. KKC will also be
responsible for filing these notices with the State Clearinghouse and Orange County Clerk- Recorder. It is
important to note, however, that the filing fees are not reflected in the estimated budget for miscellaneous
expenses. Although total budget includes the NOD fling fee that must be paid to the Orange County
Clerk- Recorder at the time the NOD is filed, it does not include the Department of Fish and Game filing
fee of $1,250.00, which must also be paid to the Orange County Clerk- Recorder at when the NOD is fled,
if it is determined that the project is not exempt from the fee.
Estimated Time Frame: 1 Day
Estimated Budget: $320.00
Task Eiaht — Permit Processing
KKC will also process the development applications through the agencies having jurisdiction, including:
(1) the Conditional Use Permit (CUP) will be processed through the City of Newport Beach; (2) the
Encroachment Permit will be processed through the County of Orange; and (3) the Coastal Development
Permit will be processed through the California Coastal Commission. Processing of the applications in
order to secure the threa,permits will include attendance at meetings with City, Coastal Commission and
County staff and attendance at requisite public hearings. It is important to note
Pmposaf for Envimnmantal Consuifing Services
Sanfa Ana Heiohfs Equestrian Facility
March 2006
PROPOSAL -0R EAMRONMEAITAL CONSUL T iNG SERVICES
SAAB T A AIVA HEIGHTS -QUESTRIAIJ FACILII I'
DELIVERABLES
KKC will provide the Chi with the following deliverables, as prescribed in the RFP.
Meetings and Coordination
Monthly work progress reports
Screencheck Administrative Draft MND:
Ten (10) Copies of the First Administrative Draft MND (with appendices)
One (1) Electronic copy of the Administrative Draft MND prepared in Microsoft Word and
Exhibits (JPEG or DWG File Format)
Draft ngND
Fifty (50) Copies of the Draft MND (with technical appendices and exhibits)
Thirty (30) copies of the Notice of Completion
One (1) Camera - ready, unbound original of the Draft MND (with technical appendices and
exhibits)
One (1) Electronic copy of the Draft MND (with technical appendices and exhibits)
Final MND
Three (3) Copies of the draft responses to comments on the MND
One (1) Electronic copy of the responses
Three (3) Copies of the Administrative Final MND (with technical appendices and exhibits)
Twenty -five (25) Copies of the Final MND (with technical appendices and exhibits)
One (1) Cal nera- ready, unbound original of the Final MND (with technical appendices and
exhibits)
Notice of Determination Filing (i.e., NOD and CDFG De Minimis notice, if applicable)
Proposal for Emlim mamal Consulting Seivices
Senile Ana Heights Equestrian Facility
Mamh 2006
L
PROPOSAL FOR ` N1VIROI%1WENTAL CONSULT NVG SERVICES
SA ITA A!v:A .-iEIGHT S EQUESTRIAN FACILITY
111. PROJECT SCHEDULE
A project schedule has been developed and presented below that reflects i e'Lime -ramps that will be
necessary to undertake and complete the services outlined in this proposal. The project schedule is
presented below.
Project Schedule
Proposed Equestrian Facility In Santa Ana Heights
Newport Beach, California
Task
Description
Estimated Time
1
Project Initiation /Coordination
As Required
2
Records Surve /SB 18 Consultation
2 Weeks
3
Technical Studies
4 — 5 Weeks
4
Initial Study'Negative Declaration
8 Weeks
City Review
1 Week
Public Review and Comment
4 Weeks
5
Final Mitigated Negative Declaration
2 Weeks
6
M G ation Monitoring and Reporting Program
1 Week
7
Public Hearings
As Required
8
Filing of Legal Notices
1 Da
`If additional technical studies are required, this task may require additional time.
`Includes 4 weeks in Task 3.
Proposal for Envingnm, ntal Consulting Services
Santa Ana Heights Equestrian Facility
March 2005
?ROPOS ," :L FOR ENVIRONMENTAL CONSULTING SERVICES
SANTA ANA HEIGHTS EQUESTRIAN FACILITY
IV. ESTIMATED BUDGET
The scope of services and work described in Section I A!II be undertaken and completed for a not -to-
exceed fee of $39,273.00. This fee includes meetings and coordination, preparation of the environmental
analysis contained in the initial study, preparation of necessary CEQA notices, printing as indicated below.
and attendance at public hearings and meetings associated with the Initial Study/ Negative Declaration, A
budget summary is presented below.
Budget Summary
Santa Ana Heights Equestrian Facility
Newport Beach, CA
Title 7
Man -Hours
I Billing Rate
Estimated Budget
Task One — Pro'ecf Initiation/Coordination
Principal 48 $115.00 /Hour $ 5,520.00
Task Two — Technical Studies
EngineeringNJQMP
$10,000.00
Biological Resources
$ 3,290.00
Archaeological Records Survey
$ 250.00
Sub -Total
$13.540.00
Task Three — Initial Stud /Miti ated Nag ative Declaration
Principal /Project Manager
8
$115.00 /Hour
$ 920.00
ReDOrt Preparation
20
$ 80.00 /Hour
$ 1,600.00
Research and Analysis
40
$ 65.00 /Hour
$ 2,600.00
Graphics
4
$ 55.00 /Hour
$ 220.00
Word Processing /Administration
8
$ 40.00 /Hour
$ 320.00
Sub -Total
168
$ 5,660.40
Task Four — Final Ne ativa Declaration
Principal /Project Manager
4
$115.00 /Hour.
$ ^60.00
Report Preparation
8
$80.00 /Hour
$ 640.00
Word Processing /Administration
2
$40.00 /Hour
$ 80.00
Sub-Total
36
$ 1,180.01)
Task Five — Mitigation Monitoring and Re ordng Program
Report Preparation
4
$80.00 /Hour
$ 320.00
Word Processing /Administration
2
$40.00 /Hour
$ 80.00
Sub -Total
24
$ 400.40
Task Six — Publlc H ®grin s
Principal 8 $115.00 /Hour $ 920
Task Seven - Legal Notices/Notice of Determination
Word Processin /Administration 4. L $ 40.00 /Hour I $ 160.00
Proposal for Environmental Consulting Services
Santa Ana Heights Equestran Fa0fty
March 2006
PROPOSAL FOR ENVIRONMENTAL CONSUL TrNG SERVICES
SANTA ANA. HEIGHTS EQUESTRIAN FACILITY
�
I
Title Man -Hours
Billing Rate
Estimated Budget
Task Eight - Permit Processin
Principe! 40 15 . $100 /Hour 1 s 4,600.00 f
Contingency Fees' f
Engineering s5000.00 I ( $ 5,000.00
Printing and Repro uction j I
Printing and Reproduction
$ 1.500.00
Postage and Supplies
s 400.00
Supplies
$ 100.00
Title Report
$ 250.00
NOD Filing Fee
s 43.00
Sub -Total
$ 2,293.00
TOTAL NOT -TO- EXCEED FEE
328
$39,273.00
Includes attendance at five (5) workshops and/or public hearings, including those before the
City's Environmental Review Board, Planning Commission, and City Council. Attendance at
additional meetings and /or hearings is.not included and would be billed on a time -and-
materials basis at $115.00 1hour.
`Includes printing of fifty (50) copies of the Draft LAND and distribution of the IS /MND via
certified mail.
'Contingency fees include engineering fees that may be necessary to provide additional water
quality analysis and/or address technical issues related to the CDP
Total does not include the following fees: (1) sub - consultant fees identftd in Task 2 that are I
the responsibility of the project applicant; (2) DFG riling fees, which are required at the time
the Notice of Determination is filed with the Orange County Clerk Recorder ($1,250.00 DFG
fee, if it is determined that the proposed project is not exempt), and (3 ) fees for legal notices.
Proposal fa En✓imnmentaf Consulting Services
Sania Ana NWghts Equestr'an Facifity
March 2006
R2
RROPOSAL FOR ENVIRONMENTAL CONSULTING SERVICES
SANTA ANA HEIGHTS EQUESTRIAN ;'ACIUT Y
V. BILLING AND PAYMENT
All charges shall be in accordance with the Budget Summary presented In Section IV of this proposal.
Invoices shall be submitted on a monthly basis, which clearly describe the specific services and tastes
performed during the billing period. Each invoice is due and payable within 30 days of receipt and shall be
considered delinquent on the 31� day.
Proposal for EnO mmentsl Consulting Services
Santa Ana Heights Equestrian Faoiliry
Marcie 2066
iA
rRO?OSAL rO.R cPJbiRONhbENt ;L COIYSULTENG SERVICES
SA.;JTA. AIVA. HEIGHTS EQUESTRIAN FAA CIL17'Y
Vi. PROJECT MANAGEMENT AND PERSONNEL
Keeton K. Kreitzer, Principal of Keeton Kreitzer Consulting, will serve as Project Manager for the scope of
work presented in this proposal for environmental consulting services. Mr. Kraitzer has over 39 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 pursuantto 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. AAr. Kreitzer's resume has been, included with this scope of work.
Pmposai for Envlrn —ntat Consulting Services
Santa Ana Heights Equestrian acildy
March 2006
pi<OpOS -.j FOR ENVIRONMENTAL COfvSULTA+G SERVICES
ANA - ..EiGNTS - QUESTRJAN =-`,CU Y
Vil. RESPONSIBILITY OF THE PROJECT APPLICANT ANDIOR 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 project, including all currently held plans, maps
and background information as well as the proposed development program parameters.
2. Exhibits illustrating the existing site development.
3. Site Plan and Engineering Plans and Specifications (as determined necessary by the City
of Newport Beach).
4. All environmental documents prepared for the proposed project, including but not limited
to: Phase I and II Assessments, hydrology and water quality assessments, soils and
geology, biological assessment, traffic studies, etc., that have been prepared for the
proposed project or in the vicinity of the proposed project.
5. All technical studies determined necessary to complete the environmental analysis as
stipulated in Task Two, including: the hydrology analysis, traffic analysis, and geotechnical
analysis).
6. Existing topographic map (if available).
7. Aerial photograph (if available).
8. City of Newport Beach General Plan, Zoning code, and Santa Ana Heights Specific Plan.
proposal for Bnvinonmenlal Consulting S°NiCes
Santa Ana HeigMS Equestrian Feet @ty
March 2005
11 31
PROPOSAL FOR =tJ 9RONMENTs.L CONSUL; ING SERVICES
SANTA ANA hE.1GH7S EQUESTRIAN F' 4CIL'TY
Vill, STATEMENT OF OFFEWTERMIS OF AGREEMENT
KKC is prepared to begin work on this project immediately upon execution of the contract. You may be
assured that should we be selected to provide the environmental services described in this proposal: we
shall devote our full resources to the project and will approach it with the highest degree of enthusiasm,
objectivity, and professionalism.
KKC will perform all work described in this proposal for a budget of $ 39,273.00. This offer is valid for a
period of sixty (SD) 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
Proposal for Environmental Consultino Services
Sarra Ana Helohts Equestrian Facility
!✓arch 2003
12 r,