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HomeMy WebLinkAboutKEETON KREITZER CONSULTINGCity of Santa Ana Clerk of the Council • AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. -M3 NAG _7 M 9. 13 Return form to the Clerk of the Council Office (M-30). s Call 647-5237 if you have any questions. ;= J= x �. � O- NCIL ri i"s i The agreement with No.. iI _,-Zonp_ //C, was completed on �F,> 6ol and final payment has been made. Department: 0 Phone/Ext.: Signature;' Date:) 3� 13 Revised 07-23-07 INSURANCE ON FILE WORK MAY PROCEED A-2008-119 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: AUG 15 2008 O: FBA ( CONSULTANT AGREEMENT Tonia Zerba THIS AGREEMENT, made and entered into this 2nd day of June, 2008 by and between KEETON KREITZER CONSULTING, a sole proprietorship, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RFCITAI,S A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City, except ten (10) day notice for nonpayment of premium. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or willful misconduct in the performance of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all reasonable costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa Ana 20 Civic Center Plaza (M-20) and P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Keeton Kreitzer Consulting 17291 Irvine Boulevard, Suite 305 Tustin, CA 92780 Telefacsimile: (714) 665-8539 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. if sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. /ATT PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Lain Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager KEETON KREITZER CONSULTANT KEETON K. KREITZER Principal Tax ID# 562.•64-3 EXHIBIT A CONSULTANT'S PROPOSAL AND FEE SCHEDULE Keeton Kreltzer Consulting 17291 Ine'Boulevard, Suite 305 Tustin, CA 92780 April 18, 2008 Mr. Pedro Guillen, Associate Planner City of Santa Ana Planning & Building Agency 20 Civic Center Plaza (M-20) P. O. Box 1998 Santa Ana, CA 92702 SUBJECT: Statement of Qualifications — Environmental Consulting Services Dear Mr. Guillen: Keeton Kreitzer Consulting (KKC) is pleased to submit this Statement of Qualifications (SOQ) in response to the City's Request for Qualifications for Environmental Consultants dated March 19, 2008 to provide Environmental Planning Services to the City of Santa Ana Planning & Building Agency. KKC has provided environmental consulting services almost exclusively to public agencies in support of the agencies' efforts to implement both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Our public sector clients include agencies throughout the five -county` southern California area: Orange, Los Angeles, Riverside, San Diego, and San -Bernardino Counties. Although our consulting services extend to both the public and private sectors, over 90 percent of our work has been conducted directly for public sector clients. Projects for which we have prepared environmental documents range from small residential projects to large mixed -use development projects, infrastructure and public facilities projects, as well as general plan amendments and zone changes. We have analyzed the simplest to the most complex of issues for many of these projects and understand the importance of adequately implementing CEQA. Keeton Kreitzer, Principal, who will serve as project manager for all contracts for environmental consulting services awarded to KKC, has over 30 years of experience preparing environmental documents pursuant to CEQA and. NEPA, including the preparation of planning and environmental studies under contract to both public'and private sector clients. As' indicated above and in the attached Statement of Qualifications, KKC is highly qualified as an environmental consulting firm. At the present time, KKC is in the midst of a two-year contract to provide on -call environmental consulting to the County latory- Permits) for a variety of public projects throughout Orange County. Prior to that contract, (KKC uwas retained by the County to provide environmental consulting services for a variety of projects, including the Bolsa Chica Local Coastal. Program. We have prepared over 50 environmental documents for projects in support of Orange County RDMD and other County agencies, including the Probation and Social Services Agency. In addition to the County of Orange, a the Principal/Owner of Environmental Perspectives, I, have also served as a contract environmental consultant to the City of Redondo Beach and provided environmental consulting services to a host of agencies throughout southern California. 17291Ir"ne Boulec wrd, Same 309 - T-sdn, CA 92780 - (714).665--8509 Fair (714) 665-8539 t Mr. Pedro Guillen, Associate Planner City of Santa Ana - Planning & Building Agency April 18,. 2005 Page Two S Specifically, we have the capabilities necessary to provide the environmentalplanning services described in the SOQ, including evaluating and making recommendations on CEQA (and NEPA) documents, preparing a. variety of environmental ' documents (i.e., negative declarations/mitigated: negative declarations and EIRs), preparing environmental planning policies and procedures, and related services. Other environmental consulting services include: (1) processing and administration of the scope of work for environmental document preparation; (2) effective project management and coordination with County Staff, responsible agencies, technical consultants, and the public; (3) the assemblage of information and data related to a proposed project and the preparation of environmental analysis pursuant to CEQA and, NEPA; (4) origination of any required new data and research; (5) provision of required legal findings (i.e., Findings of Fact; (6) preparation of requisite CEQA legal notices (i.e., Notice of Preparation, Notice of Determination, etc.); and (7) attendance at public meetings and hearings. Keeton Kreitzer Consulting is located in central Orange County, within convenient driving time of City of Santa Ana facilities and sites throughout the. County and southern California region. Our office is located approximately five miles northeast of the City offices, in the City of Tustin. This, location allows us to respond almost immediately, should the County require representation at a meeting, public hearing, or have other needs where the consultant's presence is necessary. In addition, our location facilitates communications by telephone and fax, eliminating the need for long-distance dialing and their associated costs. Finally, electronic communications with KKC are also possible via our e-mail address. Please note that as Principal/Owner of Keeton Kreitzer Consulting, I am the only person on behalf of KKC interested in the proposal. Furthermore, this proposal has been made without collusion with any other, person, persons, company or parties submitting a proposal and that it is in all respects fair and in good faith without collusion or fraud. The undersigned has full authority to bind Keeton Kreitzer Consulting for environmental consulting services with the City of Santa Ana. Thank you for the opportunity to provide the enclosed Statement of Qualifications for environmental consulting services to_the City of Santa Ana Planning &Building Agency. I am looking forward to the opportunity of continuing to provide professional services to the City. If you have any questions as you review KKC's qualifications. or need additional information, please don't hesitate to call or contact me. Very sincerely, . KEETON KREITZER CONSULTING KEETON KREITZER CONSULTING STATEMENT OF QUALIFICATIONS - CITY OF SANTA ANA SCOPE OF SERVIgES Firm History Keeton Kreitzer Consulting is a sole proprietorship that was established in 1998. Keeton K. Kreitzer, Owner/Principal of the firm, has been preparing environmental documents for public and private sector clients since 1975. The firm specializes in and is capable of undertaking a full range of environmental consulting services, including the preparation of environmental documents pursuant to both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). From 1984 through 1997, Mr. Kreitzer was the Owner/Principal of Environmental Perspectives, also an environmental consulting firm that specialized in the preparation of CEQA and NEPA documents. Mr. Kreitzer sold that firm to David Evans & Associates and served as an Associate with that firm until reestablishing himself as an independent consultant in 1998. As an organization, Keeton Kreitzer Consulting has maintained its small orientation: one Principal/Owner. In addition, we maintain professional relationships with several associates who are available to provide staff support in the preparation of environmental documentation or for a specific issue which may arise and in which they have particular expertise and/or experience. Keeton Kreitzer Consulting has provided environmental consulting services almost exclusively to public agencies in support of the agencies' efforts to implement both CEQA and NEPA. Our public sector clients include agencies throughout the five county southern California area: Orange, Los Angeles, Riverside, San Diego, and San Bernardino Counties. A partial listing of projects for which Keeton Kreitzer Consulting has prepared environmental documents and undertaken environmental consulting services has been included with this Statement of Qualifications. Although our consulting services extend to both the public and private sectors, over 90 percent of our work has been conducted directly for public sector clients. Projects for which we have prepared environmental documents range from small residential projects to large mixed -use development projects, infrastructure and public facilities projects, as well as general plan amendments and zone changes. We have analyzed the simplest to the most complex of issues for many of these projects and understand the importance of adequately implementing CEQA. Keeton Kreitzer Consulting maintains a single office, conveniently located within central Orange County, at the address listed below: 17291 Irvine Boulevard Suite 305 Tustin, CA 92780 Philosophy and Approach Keeton Kreitzer Consulting regards the environmental review process as a critical one because if a project is ever going to be challenged, it will be done so first through the environmental documentation. Our approach to environmental analysis is structured not only to be comprehensive but also to provide maximum flexibility and control over any technical analysis, which may be required to support the findings. This approach also ensures that all needed analysis can be undertaken efficiently and expeditiously, without affecting the project schedule. A scope of work will be developed that is tailored to the specific Keeton Kreitzer Consulting Statement of Qualifications — Santa Ana, CA April 18, 2008 KEETON KREITZER CONSULTING STATEMENT OF QUALIFICATIONS -CITY OF SANTA ANA requirements of a particular project. Our approach to environmental analysis is designed to meet the specific needs of the lead agency, which we perceive to be: PROJECT MANAGEMENT: As the consultant retained to prepare the requisite CEQA document, Keeton Kreitzer Consulting would necessarily function in the role of primary Project Manager. Although our, direction would come from the lead agency and we would serve as an extension of the lead agency's staff, our Project Manager would be responsible for directing all work efforts developed for the project and outlined in the scope of work developed for it. Our work programs provide for the participation of all interested and responsible public and private entities. This will be accomplished through staff review sessions, meetings with responsible agencies and, finally, during public meetings in the community, if desired, and public hearings. Our work programs allow for staff involvement in every task. EXPERIENCE: A Keeton Kreitzer Consulting team will provide significant primary experience in the preparation of environmental analyses for a wide range of projects in terms of scale, diversity, and character. This experience ranges from small residential subdivisions to large, mixed -use developments, including redevelopment projects. It is because of that extensive experience that our staff and associates have a strong background in land use planning, particularly related to land use compatibility and policy plan consistency issues. OBJECTIVITY: Keeton Kreitzer Consulting can assemble a team of professionals noted for its ability to work with public and private sector interests. As Project Team Lead, Keeton Kreitzer Consulting would ensure that the principals of each sub -consultant firm would not have an interest in the development of any proposed project. EFFICIENCY: Delivery of objective CEQA documentation is critical. Time -saving procedures can ensure delivery of products as quickly as possible,' within the framework established by the client for review and processing. Keeton Kreitzer Consulting will take every step to meet or exceed the client's document processing expectations. As described in this Statement of Qualifications, our structure provides for maximum flexibility to ensure cost effectiveness and efficiency. However, should the need arise, we are able to draw from a host of talented and experienced environmental planners with whom we have worked in the past. AVAILABILITY/INVOLVEMENT: Our "smaller scale" size operation will make it easier to "step in" and become an extension of the lead agency staff; our principal is a "hands on" professional who is involved with each project undertaken by the firm and is available on a daily basis. We are capable of responding to a client's request for service immediately, as suggested above and later in this SOQ. Work envisioned by Keeton Kreitzer Consulting which would be necessary in order to provide environmental consulting services includes: (1) processing and administration of the scope of work; (2) effective project management and coordination; (3) the assemblage of all available data related to a proposed project; (4) origination of any required new data and research; (5) provision of an assessment of technical data findings in conclusory statements (i.e., findings, mitigation monitoring program, etc.); and (6) attendance at public meetings and hearings. Our approach for providing such environmental consulting services is presented below. Keeton Kreitzer Consulting Statement of Qualifications — Santa Ana, CA April 18, 2008 KEETON KREI TZER CONSULTING STATEMENT OF QUALIFICATIONS -CITY OF SANTA ANA Keeton Kreitzer Consulting has developed a comprehensive task -by -task scope of work, which can be revised to address the environmental analysis necessary fAa specific project. This scope of work will ensure that the work undertaken for a project responds to the mandates of the State CEQA Guidelines as well as those adopted for the specific lead agency. Prior to the initiation of each task during the environmental review and analysis process, the lead agency will be provided the opportunity to assess the environmental documentation and determine whether additional, more detailed analysis is needed. The aim of this approach to conducting environmental analysis is to ensure that decision -makers have the most complete and accurate information available to aid them in making crucial public decisions, which affect both the existing environmental conditions and resources. The preparation of a CEQA document would necessarily involve several integral work tasks or elements. Typically, these tasks include the following: Project Management/Coordination Project management will be an integral part of the planning process. As a result, this task will involve management and coordination of all work to be undertaken to prepare the environmental document. In order to. ensure that work associated with the preparation of the document is progressing in accordance with the schedule, meetings as determined necessary will be conducted that include representatives of the CEQA/NEPA consultant, project applicant, City of Santa Ana and/or other agencies having an interest in the proposed project. Specifically, this task may include several meetings, including scooping meetings. The remainder of this task encompasses day-to-day project management and coordination necessary to complete the environmental analysis. The KKC project manager will coordinate the work efforts of the individual, technical consultants to ensure that their work addresses the issues identified in the initial study and in NOP comments. In addition, the entire work effort will be conducted pursuant to the City's environmental review process. As a result, close coordination with the City's project manager will be necessary. Prepare Initial Study/Notice of Preparation (NOP) At the City's direction, KKC will prepare the initial study (IS) for a proposed project in order to thoroughly evaluate a project's environmental impacts and identify mitigation measures to incorporate into a Negative Declaration. Where such finding cannot be made, the IS will identify the nature and extent of the issues to be analyzed in a Draft EIR, including those issues where it cannot be shown that where potentially significant impacts are anticipated, the can be avoided or mitigated. Specifically, the purpose of the initial study is twofold: (1) to identify those issues that will be the subject of the analysis contained in the Draft EIR; and (2) to eliminate from further analysis those environmental issues, if any, where it can be shown that potential impacts resulting from project implementation will be less than significant. The initial study will contain environmental analysis to support the conclusion that where an environmental impact has been identified as less than significant, no further analysis is required and the issues would not be included in the Draft EIR. This analysis, therefore, must be necessarily comprehensive and exhaustive and, where necessary, it will identify specific mitigation measures and/or standard conditions that must be incorporated into the project to ensure that any potentially significant impacts that may occur are reduced to a level of significance in order to eliminate additional analysis in the Draft EIR. Where necessary, information and technical analysis prepared by the EIR consultant team as well as the applicant and/or applicant's technical consultants will also be used to evaluate the potential impacts associated with project implementation. Keeton Kreitzer Consulting Statement of Qualifications — Santa Ana, CA April 18, 2008 KEETON KREITZER CONSULTING I STATEMENT OF QUALIFICATIONS - CITY OF SANTA ANA I i Coordinate Sub-Consultant/Technical Studies In those cases where specialized technical support is required, Keeton Kreitzer Consulting draws from a reservoir of technical specialists as previously indicated. A partial list of these consultants and their varied technical specialties is presented below. Traffic and Circulation Kunzman Associates Linscott Law & Greenspan Engineers, Inc. RK Engineering Group, Inc. Urban Crossroads, Inc. LSA Associates, Inc. Kimle -Horn Associates, Inc. Civil Engineering/Hydrology/Water Quality Fuscoe Engineering, Inc. Walden & Associates Moffatt & Nichol Engineers Robert Bein, William Frost & Associates, Inc. Bryan A. Stirrat & Associates, Inc. Acoustical Engineering Mestre-Greve Associates, Inc. Giroux & Associates Weiland Associates Synectecology Air Quality Analysis Mestre-Greve Associates, Inc. Giroux & Associates Synectecology Biological Resources LSA Associates, Inc. Dudek & Associates, Inc. BonTerra Consulting, Inc. Geotechnical Analysis Leighton & Associates, Inc. Converse Consultants Cultural/Scientific Resources SWCA/RMW Paleo Associates Archaeological Resources Management, Inc. ARMC . Scientific Resources Surveys, Inc. Keeton Kreitzer Consulting Statement of Qualifications — Santa Ana, CA April 18, 2008 4 KEETON KREITZER CONSULTING STATEMENT OF QUALIFICATIONS -CITY OF SANTA ANA Prepare legal notices, including Notice of Nmpletion (NOC), Notice of Determination (NOD) and other requisite CEQA and NEPA notices The City's CEQA consultant will also prepare all legal notices required by the respective CEQA or NEPA process. These legal notices would utilize the City's forms and format and would be filed with the appropriate local and State agency by the CEQA consultant. Respond to Public Comments At the end of the State -mandated public review period for the respective environmental review document(s), all comments received by the City from local, State and other responsible agencies and interested parties will be forwarded to the EIR consultant. Each comment will be addressed as it relates to the adequacy of the environmental document. An appendix to the environmental document will be prepared that includes a listing of each agency/individual commenting on the environmental document, the correspondence received from the commentator, and the responses prepared for each relevant comment. The CEQA consultant would work directly with City staff to address specific comments and prepare the responses Prepare Final Documents That Final environmental document would be prepared in order to complete the environmental record for a project. The final document will consist of the response to comments appendix and all necessary testimony and minutes of the public hearings. If necessary, the Final environmental document will include "redline/strikeout" revisions that reflect changes resulting from comments received during the public review and comment period. Prepare Mitigation Monitoring Program/Findings of Fact/Statement of Overriding Consideration The EIR consultant will prepare the Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. This document will be presented to the City of San Juan Capistrano and will identify each mitigation measure to be carried out if the project is implemented, the entity that will be responsible for implementing the mitigation measure(s), and when each measure will be implemented. In addition, the Findings of Fact and Statement of Overriding Consideration, if determined necessary (i.e., unavoidable significant adverse impacts remain after mitigation), will also be prepared and submitted to the City for review and presentation to the City of Santa Ana Planning Commission and City Council for certification prior to approval of the proposed project. In addition, KKC will also prepare the City Council EIR Certification resolution. Make Presentations at Public Hearings As stipulated in the RFQ, the EIR consultant will attend advisory commission meetings and public hearings, including those of the Santa Ana Planning Commission and City Council. At the direction of City staff, the Project Manager for each project will attend hearings and be responsible for making all presentations and responding to questions raised during the public meetings and/or hearings as directed by City staff. Keeton Kreitzer Consulting Statement of Qualifications — Santa Ana, CA April 18, 2008 KEETON KREI TZER CONSULTING STATEMENT OF QUALIFICATIONS - CITY OF SANTA ANA Project Manager 0. Keeton Kreitzer Consulting is a small firm, comprised of a single Principal/Owner. In addition, Keeton 1 Kreitzer Consulting maintains professional relationships with several associates in the event additional staff is needed to respond to the manpower requirements of a specific project. Keeton K. Kreitzer is the Owner/Principal of Keeton Kreitzer Consulting. He has over 25 years of experience preparing environmental studies for both public and private sector clients. Mr. Kreitzer is the firm's Project Manager for all projects undertaken by Keeton Kreitzer Consulting and 10 represents the firm at all meetings and public hearings. He has contributed to the preparation of or written over 100 EIRs and/or related environmental documents. In addition, Mr. Kreitzer serves as a special consultant to several public agencies, providing them with additional CEQA and NEPA expertise. Mr. Kreitzer is a generalist who has been preparing environmental documents pursuant to the California Environmental Quality Act, in some cases, since the enactment of that law. He has a complete knowledge and understanding of CEQA and the environmental review process. Our strengths are our research, analysis, and writing skills. Documents are prepared which are thorough yet concise. Keeton Kreitzer Consulting has "built-in" flexibility to adjust to the needs and demands of our clients, depending on the work that must be performed and the schedule in which it must be completed. We consider this a particularly strong quality because should additional requirements be placed on us, our associates can be called upon at a moment's notice to provide that support. The resume of Mr. Kreitzer is also included with this Statement of Qualifications. ,@� Professional Staff As indicated above, Keeton K. Kreitzer is the Principal and acts as an independent consultant, performing environmental review and analysis pursuant to the California Environmental Quality Act. Mr. Kreitzer conducts all of the work undertaken by the firm. This is an advantage to clients seeking sound environmental consulting services. Mr. Kreitzer brings nearly 25 years of environmental consulting experience to the table and has worked throughout the County of Orange and adjacent counties and local municipalities throughout the region, including cities, school districts, water districts, redevelopment agencies, and other "lead agencies." However, if the need arises for large projects, Mr. Kreitzer is able to draw from a reservoir of similarly qualified environmental specialists who are, like him, independent KIM contractors with far reaching experience and expertise in the preparation of both CEQA and NEPA documents. Mr. Kreitzer's resume is presented below. OM Education: California State University, Fullerton Oft Bachelor of Arts in Geography (1975) 00 Santa Ana College dft Associate of Arts in Liberal Arts (1973) Keeton Kreitzer Consulting Statement of Qualifications — Santa Ana, CA April 18, 2008 KEETON KREITZER CONSULTING STATEMENT OF QUALIFICATIONS - CITY OF SANTA ANA GENERAL TIME SOHEDULE A project schedule for each project assigned to KKC will be developed and presented that reflects the time frames that will be necessary to undertake and complete the services outlined in subsequent proposals submitted to the City of Santa Ana. The typical project schedule for the preparation of environmental documents is presented below. Typical Project Schedule Negative Declaration/Draft EIR Santa Ana, CA Task Description Typical Schedule Negative Declaration/Mitigated Negative Declaration t Initiation/Coordination As Re uired onsultant Studies 6 — 8 Weeks ina Initial Stud 8 — 10 Weeks eview 1 Week E Initial Stud EPublicReview 1 Week Review and Comment 4 Weeks itigated Negative 1 Weekration Hearin s As Re uirof Legal Notices Environmental Impact Report ct Initiation/Coordination As Re uired Consultant Studies 6 — 8 Weeks Preliminary Initial Stud 2 — 4 Weeks eview 1 Week Initial Stud M6Draft 1 Week ncheck EIR 10 — 12 Weeks eview 2 — 4 Weeks EIR 2-4Weeks Review and Comment 6 Weeks 7 Res onse to Public Comments 2 — 4 Weeks 8 Findin s/MMRP/SOC 2 Weeks 9 Public Hearin s As Re uired 10 Final EIR 2 Weeks 11 Le al Notices 1 Dav 'Can be prepared during 45-day public review and comment period. Keeton Kreitzer Consulting Statement of Qualifications — Santa Ana, CA April 18, 2008 IN KEETON KREITZER CONSULTING STATEMENT OF QUALIFICATIONS - CITY OF SANTA ANA FEES Principal/Attendance at Public Hearings Project Management/Coordination Report Preparation Research and Analysis Graphics Administration/Word Processing Printing and Reproduction Postage and Supplies Mileage and Telephones Effective January 1, 2008 Keeton Kreitzer Consulting Statement of Qualifications — Santa Ana, CA April 18, 2008 17 $150.00 $115.00 $ 90.00 $ 75.00 $ 60.00 $ 40.00 Cost + 10 Cost + 10 Included EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: l . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative Client#: 51118 KEETKRE ACQRD, CERTIFICATE OF LIABILITY INSURANCE DNYYY) aATE(MM/ /21108 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Professional Practice Insurance Brokers, Inc. 2030 Main Street, Suite 350 A-2008-119 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92614-7248 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Travelers Indemnity Company of CT 25682 Keeton Kreitzer Consulting INSURERS: Continental Casualty Company 20443 17782 East 17th Street, Suite 106 Tustin, CA 92780 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN RADD' LTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE (MM!DD1YYI LIMITS A GENERAL LIABILITY 68048791-211 09/01/07 09/01/08 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDrrencel S3Oi} OOO CLAIMS MADE N OCCUR N MED EXP (Any one person) $5 000 PERSONAL B ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG s2,000,000 1-7 POLICY F7 jEa LOC A AUTOMOBILE LIABILITY ANY AUTO 6804879L211 09/01/07 09/01/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO S AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ❑ CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- .17 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT -- $ E.L. DISEASE -EA EMPLOYEE $ OFFICERIMEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ B OTHER Professional EEA254020947 05/06/08 05/06/09 $1,000,000 Per Claim Liability $1,000,000 Aggregate DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS All Operations. General Liability: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701; its officers, employees, agents, volunteers, and representatives are named as additional insureds per the attached endorsement. City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XrkX�Ed ItXR MAIL I_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,AJQtRBdMUI8000000G0MK AUTHORIZED ACORD 25 (2001108) 1 of 2 #440132 el-_ DXC © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 2 #"0132 POLICY NO: 6804879L211 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED (Section 11) is amended to include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage or "personal injury"; and b. If the injury or damage arises out of the performance, by you or your subcontractor, of "your work" to which the "contract or agree- ment requiring insurance" applies. Such per- son or organization does not qualify as an additional insured with respect to their independent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in that "contract or agree- ment requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the 'bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY 5. As respects the insurance provided to the additional CONDITIONS (Section IV): insured by this endorsement, the following definition is added to DEFINITIONS (Section V): CG D3 81 09 06 © 2006, The St Paul Travelers Insurance Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. "contract or agreement requiring insurance" means that part of any contract or agreement un agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: COMMERCIAL GENERAL LIABILITY a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. CG ®3 81 09 06 © 2006, The St Paul Travelers Insurance Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission.