HomeMy WebLinkAbout13 - Amendment to PSA for the Preparation of theEIR for the Proposed Museum House Residential Project located at 850 San Clemente Drive (PA2015-152)September 13, 2016
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Gregg Ramirez, Senior Planner
PHONE: 949-644-3219
gramirez@newportbeachca.gov
TITLE: Amendment to the Professional Services Agreement with
Placeworks, Inc. for the Preparation of the Environmental Impact
Report for the Proposed Museum House Residential Project located
at 850 San Clemente Drive (PA2015-152)
ABSTRACT:
Staff requests approval of an amendment to the professional services agreement (PSA)
with Placeworks, Inc. in the amount of $38,575. The amendment is necessary for
remaining environmental consulting services for the completion of the environmental
impact report for the Museum House Residential Project. The Museum House
Residential Project is a 100 unit residential tower proposed to replace the Orange
County Museum of Art at 850 San Clemente Drive.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve the amendment to the Professional Services Agreement, and authorize the
Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item. The entire cost of the consulting services
will be reimbursed to the City by the applicant, Related California Urban Housing, LLC.
DISCUSSION:
Pursuant to the California Environmental Quality Act (CEQA) the proposed project
requires the preparation of an environmental impact report (EIR). In December 2015,
the City entered into a PSA, authorized by the City Manager, with Placeworks, Inc. for a
93-9
Placeworks PSA
September 13, 2016
Page 2
total cost of $119,671. The proposed amendment includes a budget increase of
$38,575, bringing the total contract amount to $158,246. The additional costs are
attributed to a broadened scope of work associated with the aesthetics section of the
draft EIR, including analysis of shade and shadow impacts and visual simulations.
Additionally, noise measurements were determined to be necessary and air quality and
greenhouse gas modeling studies were revised. The complexity of the proposed project
has also increased the number of meetings with City staff, the applicant, and time spent
on project coordination and management.
Since the proposed amendment would cause the agreement to exceed the $120,000
City Manager threshold, City Council approval is required pursuant to Council Policy F-
14.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —Amendment No.1 to PSA with Placeworks
Attachment B — Existing Placeworks PSA
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Attachment A
Amendment No.1 to PSA with Placeworks
13-3
AMEIN 11MBNT NO. ON B TO
FIROP B9SICIN AU 9E RVICIE 9 AGREEMENT
WITH PLACHWORKS, INC. FOR
MUSEUM HOL 98 REI9111E N MAL PROJECT ON % IRON N E N TAIL IMPACT
RHFICIR7 (EIR)
111- IE AMENDMENT N C. C N EI 10 RROFEE E ION AIL E BRVICEE AGRE EMENII
("Amendment No. One") is made and en-lened into as of -Il is '1311h day o-1 E eptemt en,
2016 ("Blffec'Iive Date"), by and I eiween the CIIIIY OF N EIWRORT BEACI- , a Cali'lonnia
municipal conporaiion and charlen ai-ly ("Ciiy"), and RLAICIEWORKE , INC., a Cali-Ionnia
conponalion ("Consullani"), who: e address is 3 MacArthun Rlace, E uite 1100, E ania
Ana, Cali'lonnia 92707, and is made with relerence to the -blowing:
RE C111AIL S
A. On C ecemben 8, 20'15, City and Clon, ultant entered into a Rroles,,ional E eRiice:
Algneement ("Agneemeni") 110 engage Clonsullan-1 -lo prepane a Museum F ouse
Residen-lial Flnojecl Elnvinonmental Impact Repor ("BIR") ("Pnoject").
B. III e parlie: desine to enter into this Amendment No. One to ne-llecl additional
Services not included in 1he Agiieemenll and to incnea� a the total compen sa-lion.
NOW, THERE FORE, it is mutually agreed by and between the undersigned
par ies as follows:
1. 9EIRVICIBS TCI BE REIRIFORM90
Elxhibit AI to the Algneement sl all be supplemented to include the Scope of
Services, ailached henelo as 8bihibit A and inconponated henein by ne-lenence ("Services"
on 1A on1 "). Exhibit A io the Agneement and Ebihibii AI to this Amendment No. One shall
collectivelJ1 be known as "exhibit A." Ilhe Clity may elect to delete certain 9eRlice:
wi-ll in tl e Scor e of Services at ii: sole discnetion.
2. COMREINSAIIICIN 10 CONSUUTAN7
Elxhibi-1 8 lo tl a Algneemeni shall be sur plemen-led to inakide the Schedule of
Billing Rales, ailtached heneto as Elxhibit E and inconr onated henein bbl iia lenence
("Services" o;i "Wonk"). E )ihibi-1 EI to the Agreemen-1 and Elxhibii 8 -lo chis Amendment No.
One shall collectively k e known as "Exhil it E."
9eclion 4.1 of the Agneemeni is amended in its entinety and neplaced with the
following: "Ciiy shall pay Clansultani 'Ion the 9ermices on a time and e)ipen; e nol-io-
exceed ba: is in accordance with the pnovisions oil it h Section and -Il e Schedule of
Billing Rates attaahed heneto as Exhibit E and inaonponated henEiin by nelerence.
Cansultan-l's compensailon fou all Wonk pEldonmed in aacondance wish it is Agreement,
including all neimbursable items and sur consultant fees, shall no -1 exceed Cine F undrec
Fifty Eight llhcusanc Two h uncred Rorty{ Six Llallais and 00!'100 ($158,246.00),
13-4
without pria a written a uthonization 'Inom Clity. � o billing nate changes s hall be made
(luring the leum o-1 this Agreement withoLit the prior written appnoval o-1 Clity."
The dotal amended aompensation ueillec'l9 Consultant's additional compensa-lion
fou additional SeRices la be perlonmed in accordanae with this Amendment No. One,
including all ueimbLinsal le items and subconsuliant Hees, in an amount nal to exceed
TH irty Eight l hausand Hlive hundred Sevenily FGve Dollaris and 001100 (138,575.00).
a. INTOGRA7 BD COPS TRACT
Excent as expressly madiflied henein, all oif en provisions, teams, and covenants
9 ai lor h in 'J a Agreemen l shall remain unchanged and shall be in Hull force and effect.
[SIGNAIIL RBS On � BXT RAGS]
Placeworl s, Ina. Rage 2
13-5
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: A/IS /(
&C
By:
--,d
Aaron C. Harp LAM diIAJIQ
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
Placeworks, Inc.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B
Mayor
Dixon
CONSULTANT: Placeworks, Inc., a
California corporation
Date:
By:
JoAnn Hadfield
Principal, Environmental Services
Date:
Bv:
Keith McCann
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Page 3
13-6
EXHIBIT A
SCORE OF SERVICES
Flacewai Is, Inc. Fac e AA
13-7
July 33, 101(1 (re)iised ;I/JS�Ilia i cl 8�11/11(11)
N r. (I Ira gII Ramirez
11aniar Hanna
City1 of NEviport I eaah
la 01 Ma c e me r l riva
Newport 9 eaal , CA 9161a
''Icibjact: Ra quo stfarCoitrzctAmeoclmertNo. J fortl e N usauni hlauvepmiironniental Irnpiat
Ra port-- (CNB -:1 ].0)
Daar Mr. f amirez:
Basad on our lisaussion witl the Cityl, tl is aontract amnndmant rEgluast has been prapa rod to aoriEr work I ayand
ourEpllravad liqntraatwitl- theCit,l,dated DaaarnberJO, IC11,for the prellantianand proaessiaaoftla Musa um
House EnviranmantalImpact llepart(91R).
9p eaifiaa Ily, tF is a m endmv nt regluests additioaz I fE es forth e fa Ila wing:
» Additioral ccardlnEtian meetings at Cit�l Ha 11 aid conffr(me calls rafiMing various isstiea, including
projEet saheclula, scrolling meeting preparation, and sarEoncl elik 11H review iraatingIs (per the request of
the projectappliaant)
» Atteadanae andJor partiaigatian ty Asvirtant PN and teal-niaal sgEoiali.ats for the aixtra ifc ramantioaad
niEetin€s
» out-of-siaKa ware asst aiated witl aastl etios, inalnclingl:
o Two rnei tings — Eesthi tic E nafysis stratejyl niaeting, and a visual simuk tioia rraeoting witl pusvae
Eagin ai ring aInd projactapplivEnt
o Paarreuiowianalysis afvista Isimulationand shaclashadow HEspro vildadiya�plica nt
o Pro pan tion c f shade, V adaw a rI e,rh it it and +usual simulatic n i11 oto lavation e,ihit it
» Noisomaasureniants toattainAmtient1aiselevalsiii thegrajeatarea
» Air glualityl and gra eulouse gIas rEmadelindl teased a re�iiseil axpertsa11 glLIE ntitles and increased tiiiidin®
square footage
» AdditionEIgrojoatman Egomeat effort dLie toane,iteMad arajoats,il&lule
Saarlei of Woiik
Tl E fol loviinj scope of work cletails the a6liticnaI vierk ao, ered it this c ontract aIeridrnsnt, and is orgarized leer
tho tasks in ourariginiI apprwied acrtract witl tho UibI datf d Doaombar10,:0:19.
Jul, 1:11, x(!11 (revised 1/11/11 and JA 111) 1 tale
13-8
CICA 1 ASKS
Task 1 Proje c 1 I ri 11 iW for ) Hic k -Olaf Meet it F
Ta sk ma nr l lets d. Kial -off rn c a tdn g w is F eld on C e ae nr l e r 3, :019.
Task 2 Inilial Study] Notice o-1 F eepauation (NOP)
Taskianilletecl.TFe NOPwasreleased (in February], 301d.
Task 3 Public 9 (ogii @I Meeting
Tisk aanilleted. l ul lic sra pin® nesting wis Feld on Ret ruartl 21, ME
Task 4 9 ( neem het I Duat MIR
TI istEsk is in praaressand thr IaoAE ofwarl I as Fein maclifiedto aacaurtfar cut-of-s+iopi aisthaticsanalysi9.lar
J ( ity's ragluast, r IiaeV l( 6s pear re�iiewad tFc visual sinrulitians and sl-mcde,�IFidow files nravided 1,1 tF a 0rajeat
allpliaant to ensure t}E simulations aiauratahl reflect t E lraposed prEjE�t bEsad cr tla IrEding Alans and
elevations. IliacW(Os also AreparEd a visual simulation proto location map and shaclejjsVidaw conte;it miA to be
inaliOad it tl E AisthatiC5HIR section to nrcvidecorwit fcrthe ggliaant'sEJibits.
Task 5 Wall HIR
At our last meetir g i n Auglust 1, Ila 96, t} a aAAliaint team Arcvldecl additior EI aornmer is a r d re�iisions to ti a EII
sactians; tIe alpHaw ragmstad to milso trc total Fundis€I square faota€Ie, export sail giiantities, and I i it trip
distannes; and tl a tears aAlreid to haven I IaaiWarks obtain ambient naise Iev( I measurements in tl a project area.
These cl auaes require additional revisions to tl e IF seatioms, nartiu ularl�I to Air Qua lit% In ant c u: E Gas Imissiar s,
Plc ise and Vat spa rtation ar cl7rafflo. Tl erefarc, � dditic rmi hours Ere a ddad to tris tall.
Tz sk 6 Final EIR: Response lo Comments and A amisions lo Draft MIR
This task I as not k ear it It!; ted, a rid tl- e saopa of work has not I aen modified sieae tl e c ri€inal nropmsil.
7Lsk7 Mitigation N oniloning; nd Repantimgl Anoguani
This task I as not I ei n initiated, and tl- e saopa of work has r of k aei modified sii ae tl E a ri€ it a I A rc pas; I.
7a 9k 8 Findings of F; ata and Stalementa al CluercidinF Cor aide n; lions and NCID
1 his task I as not k e( n ii itiatad, and tl e saopa of work has not I aeu modified sinaetl E oridimal proposal.
Task 9 Maatings) F ul lic Hearings
Our c rigir al ca ntrait assunias F lac( lhlc rks ; W rdi r cE.1partiadpEtior at tl a followingl ionfironce calls, meE tings, and
public Fearings:
» Aul-aff Mi Etinj(PN ,AssIstantUv,ind,jortic hnicalspecialist,aastirclud(dinTa.k])
» Fiil Iim 'court IVeatinll (PN ar cl Assistant IN, most inaludEd dr Task 9)
» 2 (lity rlaordinatior Cc rfmrerie dE IIs (ane I ouraail) (PN )
Jul�l I J, 10 i s (ra VISE d 7/15/15 and 1/9/:1(1) 1 1,311 2
13-9
» I CitlI Ca a rdination N eatirgs (1 'ours aamI-) (H iv )
» 4 Ful Iia Hearings (a ssun Ed 3 Pla ni in Iornmission and 21ity Uai r al[ Hearing s) (g IV)
As of August 8, 2016,wi have partialIalinIintka feIla wing:
» 111c1 -Off NEetin€-11/3/95(aoninliticlispart (if Task 1)
» IukllaIaapir f N ictinf—a,122i1:ia (aampleticIas Ila rt oflask3)
» N aetinfs—
• 1,19,1111111 (Sac ping n eating stritE gel) — 9 hour
• 3,I1,116(EaFe(hlii)-1 hours
• 9,14,I96(AestFetiosanahlsisstrateg)Irnaetingu<,Ifc(itt/sllo6,AssiciateDasifnir)-7 hours
• 9,Ia7)laa(Vis sirnpaarrc�iie"iii,IFtisaoaanclSaottAslloil,)-3lorrs
• 0,11,1911(]StSarEancl 0111IIIFIEVIEMI)-4h4crs
• a,1a8jl:lIiIarem nileskHIRIEliievi,IIErnindoSotalo,$1norAssoaiata)-41auri
• 7,191/I](l (Discuss patentiallylsl[ rificart/unauolclal le impacts, alteri ati+ie$, � un ulative nroj i ats)-3 ha urs
• 8,19,12039 (1 rd Sareancl EakMIR I eVIE VI) -4 1 a
Carfer( nci calls(% -1 aLir) —
• a, 1a51121(Discuss saFedcila)
• 3,190/I1(I (Discuss alternatl�IEs)
• 9,1]811141 (DISCUSS S1 Fe(lula wilgill Flalligar, grin ipal)
• 7, 18,196(1 isausi EIA seatioI sstatus)
• 7, 95/I10 (p iscussian w,I Kim Brandt re: roisi, sFadc, IsF adaw, and alternativEs [9 I rj)
In total, 1laaeWarls staff, including the PN, Assist@at PN, andilor teaFniaal silacialists (lauclaaane anil ilbiat anti
traffic angin ear) I avE attEndEd 8 caardh atiorn rnEetings (13 Fours) .ii d nart!(ipatEd in fide cc nfen nca aulls (3
FOUCs). Our ariginaI contra it inaludecl fNi total hours for onlyl tF( Irajeat Ivanagar to attand/lparticlnati in QibI
caardinatior rre(tinls an l aonfarEnae aalls, Therefore, wa raquast add'rtiouaI feas fartFe additicnaI n ElEtin lsand
e;ito n(IE d rnE etir g I c urs.
We are also it cludiiif budgat far four a i Ot.ional aoordinrtiar n aEtill EIS witl attenclam ae I )I our 1N and � ssistant
F M to rE I iiew i respa n s a to as rT me nts/Irenis for s to thn n n I I , FO1/3OC, a n( I p re 11 a rc fa r tI e I ubIIa I ea rir gs.
Ta 9[o 10 Piiajact Management
QurestinatodIrajeatmanadrreitaffaitsinourorigliraIisntraatviEreIaae�Iaranest! mated proj(atapproud kI
rrid-.gold:0afl. I rajeat iIpro�ial is nova aatic inatid lata No%ian I er,laarlyl Dicirrb( rI09a, TI is cantra(t 3MEn(Inneut,
tl erefara, inaludas prajaat n ani garT ernt fees far an addition ai 98 vvmE ks (at 4 ) ours, rrontl for I N ar cl 1
loiirs, rrontl for Assistant FN ].
TF HNICiII STU DIES
Aliii Quaiit)V( HG
Thi currant air qua lib and grianInn usa gas (GHG) En issians n adaling is k,rsad on a resi6antial kuildii ® Witl
261,150 kuildin€ Sq] iara fa atalla and a grayling plan that ldantifiacl up to 39,900 cutia yards afsoil a; ip ort v ia uld L
raquirad aver 14 dads.
Based an aur Auglust 9, 20]6 niaeth f wit[ tl e project t( am, tl a alip licar t r( qui sty d to In rE ase thi resider tial
IUiiclii ® sgluar foatala, re�iise tFe soil i>glart, and re%iise tFe Iaul trip distance. IlaaeWorls cilli riE,ialyiate tFe
Ju141 ]1, 1019 (ravisEcl 7/15/19 z d 8/S/19) 1 0afn 1
13-10
oparation iI impacts asaaciated with the larger building reavaluata tle cc nstructian inrpasts assoaiatocl witl t[E
Ilraposed project from tle inure; sad soil uipart amount. ClaneEs to tl-a projEat viculd reciciire uliclatlna t[a
Calif( rnii (missions Istim iter N adal (CaII31N cd) I asEd c n pawn l uilding sgluare footias (39:1,159 sgluara feat), t[ e
reNiise1I scil a�ipart giiantitias (4`,000 a u I is yarcls), la 1 1 trill �Iistarae (75 miles), and iianstructian sal ecluIa. in
aclditian, tl a lou lizad signlfiaiaca tl rOolds (I-Fls) anal�Isis would need tc k revised. FlaaaWarks v+iiil coo rdivatE
with tl a Cit}I incl prajeat apIf!aant to obtain the revised acnstruatiou assumptic rs, Tl e reAsed air gluaIity an l GHG
maclOngalso warrant ahangestothoAirCMialibland GHGseationsofthe RI1.
Noise and Vibnation Analylsis
IlaaeWorks reosived email aiiV arization from tl a Oitl and aplllNeut to cor dw t field maasurenients tle uiWond
of August 9-7, 2016 to quantif}l laselire noise canditians. Ami iEut mile le�iel data at sansitiue reaeptars viarc
oltainedrE rt[Elircjeatsite,TheinrliantnoisemeEsurenrentsiirnie'.Iaansistedofac4mLinatianofloeg-term(24-
1 air) mor itffiq aucl sl art -term (15-nriniita) samplirll it t[ ree locations near tle Iirajeat site to ascertaii r c ioe
leve Is frc ni m rjo r na ise soy iraes. ll a Ic iatia r s fc r thasa sa mliles ora:
North and of site at I aunclary wait[ Villas at Ras[ ion islancl (formerhl called San Jaagltiiu aliartmir ts)
Northfa lade of 7F r 0olanyApts-1 (uaar9au Olarnente Drhie and Santa N aria Road)
Northla lade of -Ile golanyApts (n9ar9au Olimer to Drhie and 9anta lartara DrHa)
Tle noise am I,Isis te>it wnifl br updated to discuss oanstruation i 315E eff(iats at tlese reaelitars, using tha al:mie
rnbiart I %iel information far V a tasalina aor diti( r s. N itigation measures ainied at reducing aoustruatioi r c ise
lmpaats wiili x e iclentifiecl ind disausaed.
Cultunal Resounaes -- Cogstone
Task uoniqlated.-IlliVi QuiWrcl 0asouricsai cl Pale( atclogical ResouraesTeal niaal lvenrcrandunrsWerE carnpieted in
Allrd W6.
C a3i Esiirrlaie
Ont[ a fo llowiii all age, Ta bla :I sum nia rizes of it requested io ntraat a men dura r t ie tl e tc to I a me ur t ( f$18,5111.
We � grreaiatc dour iic nsidaratian of this rEquasted cc ntraat arneadmant. Aleasa let ui I nowt if )lou meld 11151
ddltia r a l io fa rma tic n to assist ya a in e)ipa clitia g this r( qlw st.
9 ina c relyl,
PUCDA CAKS
d
JoAnn C, Hadfield
rir cip a I, Ir virc nmE r tal Se ruio es
Ju1�I 13, of 19 (rniisad 1/19/10 and J/9/19) 1 la®a 4
13-11
EXHIBIT B
SCHEDULE OF BILJLING RATES
FII cewonks, Inc.
F age FI-' I
13-12
ral
Lcq PU AC GWC RKS
Tat le 1. Coni na ct I LIM m a ry lable
-1A3K/3UB-1A3K C ESICH 11-111 r 1
01 1GINAL (ION11F AIT
[ EQ1. E111EE
JONTHACT
V EK N E A
-1011AL C1 P A A CT V 1�
F EQUATIE
i MENDN EN11
110
11,210
-IasW I Prcjei t Imitiati3njlKick-Off Meetirl
I 2,AC
-Imsk 1 initial StUd)l,J NitiiiE of Rreg, ration
8,F ic
0
i,83c)
-1ask I I ul Iii I ia I irg N astiml
2,C` C
0
1,010
task 4 fimimOlck d raft 911
44,11C
:1, 370
411,510
-1ask 3 1 raft Ell
1,A5
1,530
11,2(15
Ilask d Fii al Elfl
1:1,510
0
31,510
-1ask I N itidatiar Mai itarlag and Fi qi rtirg
P rof I ri rn
510
0
510
task 8 FCF/30C and P14 I
J,w
0
1,710
-laskg Meat]" EISJPLIk 11i Huarinjils
1,230
1,445
21,6115
'Iasl 1017rajiiotMarmEllmant
11,610
1,690
111,2' 0
ful total — Q EOA Iasi s
$94,715
$20,945
1125,730
`4
1 r QL I I ljt� I & I I I J
I, oz C)
t3,: C0
11,140
r1c isi ar (I Vk ration
11,1110
4,110
11,4E0
a i Itural HeSd L ri as - Cc Ista n(
:1,036
0
1,016
lub otal=deal Mail 3tudlos
$18,236
17,630
$; 1,836
TO'11AI LAI OR
X131,001
31,515
F i iml ursmE las
; 11,6-1 0
10
RW 10 ' 1917AL
671
:131,515
;:l 91,246
J u lyi 11, 10:16 (ra � ii sli i l 1/11/111 a r d E/1/16) 1 F agi I
13-13
Attachment B
Existing Placeworks PSA
13-14
PROFESSIONAL SERVICES AGREEMENT
WITH PLACEWORKS, INC. FOR
MUSEUM HOUSE RESIDENTIAL PROJECT ENVIRONMENTAL
IMPACT REPORT (EIR)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 8th day of December, 2015 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PLACEWORKS, INC., a California corporation ("Consultant"), whose
address is 3 MacArthur Place, Suite 1100, Santa Ana, California 92707, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to prepare a Museum House Residential
Project Environmental Impact Report (EIR) ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
13-15
included in Bxhibil A. In the absence of a speciific schedule, the Serviices shall be
pericrmed to ccrripleticn in a diligent and timely manner. The failure by Consultant tc
strictly adh ere io the schedc le set forth in B) hibit A, if any, c r perform the Services in a
diligent and timely manner may result in termination cf this Agneerrient by City.
3.2 Notwlii hstariding the foregoing, Cc nsultani shall riot be re spc nsible fc r
de lays due tc causes beyc nd Cc nsultani's re asc nable cc ntre I. F owever, in the case cf
any such delay in the Services to be provided forthe Prcjecii, each party hereby agrees
io prc vide notice within tv&lo 112; calendar days cf the ocCL rre nce causing the delay to the
other parry so That all delays can be addressed.
31.31 Cerisuliant shall submit all requests for extensieris cf lime for performance
in writing to the Projeci Adminisirater as defined herein not later than ten 111C, calendar
days afiler the start cf the conditicn that purricriedly causes a delay. The Rroject
Administratcr shall review all such requesis and may chant reascnable time extensions
for unforeseeable delays that are beycnd Consultant's contrcl.
31.4 Flc r all tirrie peric ds not spe ciifically set fc ri h herein, Cc nsultant shall
re spc nd in the most expedient and apipropriate rrianne r under the circumstances, by
hand-deliveryl c r mail.
4. COMABNSATICN 110 CCNSULTANT
4.' City shall pay Cerisuliant fc r the Services on a time and expense nci-.tc-
e xce ed basis in accc rdance with the provisic ns cf this Sectic n and the Schedule of
Billing) Rates attached he rete as Bxhibit B and incorporated herein by reference.
C onsuliant's cc wipe nsatic ri fc r all We rk Aeric rmed in accc rdance with it is Agree ment,
including all reimbursable items and subconsuliantfees, shall not exceed Cric hurdred
N incteiein Thousand Six Hunc read Severity C nei Dollars anc 00/100 Q$' 19,E71.00),
withc ut pric r written aL 1 he rization fiic m C iiy . N c billing) rate charige s shall be made
during the term of this Agreement withoci the prior \Aritien approval cf City.
4.2 Consultant shall submit monthly invoices io City describing the Work
pericrmed the preciedingl me rill h. Ccnsultani's bills shall include the name of the person
whc perfc rmed the Work, a brief description of the Servicies performed and,lor the
speciific flask in the Scope of Services tc whiah it relates, the date the Services were
pedcrmed, the riumber cf heirs spent cn all Wcrk billed on an hourly basis, and a
descriptieri cf any reimbursable expenditures. City shall pay CcnsLltant no later than
thirty 1j3k) calendar days afile r approval cf the rrienihly invc ice by Cily stafll.
4.31 City shall reirriburse Consultant only fc r those costs c r expenses
specifically identified in Bxhibit B tc this Aglreement or specifically approved in writing) in
advance by City.
4.4 Consultant shall riot receive any cc mpensatic n for Bxtra Wcrk performed
without the rlricr writlen authorization cf City. As csed herein, "B)tra Wcrk" means any
Work that is determined by City io be neciessary fcr the rlrcper cerripleticri cf the
Project, bci which is riot iricicded \Aithin the Scope cf Services and which the parties did
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not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated JoAnn Hadfield to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department, Planning Division. City's Senior Planner or designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City. By delivery of completed Work, Consultant certifies that the
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Work conforms to the requirements of this Agreement, all applicable federal, state and
local laws, and the highest professional standard.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 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, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
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limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
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power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Gregg Ramirez, Senior Planner
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Placeworks, Inc.
3 MacArthur Place, Ste. 1100
Santa Ana, California 92707
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
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writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Egual 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: %7.3 I
By:
Aaron C. Harp 1q
City Attorney
ATTEST:
Date: 1.2-10-16
By:,44k- 4-�,w
Leilani I. Brown
City Clerk
ZILI FOV`:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: tZ -- b1 —!
By:
Dave ff
City Manager
CONSULTANT: Placeworks, Inc., a
California corporation
Date:
A
JoAnn --Hadfield ' /11
Principal, Environmental Services
Date: 12• T—Is
Keith McCann
CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
CEQA TASKS
The Museum House Residential Project EIR will meet all the requirements in the California
Environmental Quality Act (Public Resources Code §§ 21000 et seq.) and the State CEQA
Guidelines (California Code of Regulations §§ 15000 et seq.). It is proposed as a "Project EIR"
in accordance with CEQA Guidelines Section 15161 and will examine "all phases of the project
including planning, construction, and operation." Specific tasks are as follows.
Task 1 Project Initiation/Kick-off Meeting
PlaceWorks will conduct a site visit, review available materials and reports, and attend one
project initiation/kick-off meeting with City staff and Project Applicant. Our PM and Assistant PM
will attend the project kick-off meeting at the City to discuss the proposed project and confirm
the project approach, scope, and schedule. This discussion should include known issues and
opportunities as observed by City Planning Staff, Project Applicant, and the consultant team.
We will also identify the information and technical studies required from the City and/or Project
Applicant, including but not limited to:
• Full project characteristics, including the grading, landscape, building, and lighting plans.
• Construction schedule and list of construction equipment to be used.
• All technical studies and information provided by the Project Applicant, as detailed under
"Use of Applicant and City -Contracted Studies"
• Use of studies provided by Project Applicant.
At this meeting, we will also ask City staff for their insight regarding the history of the project site
and this proposal, potential environmental issues, controversy, and specific understanding and
knowledge of similar projects in the City (including the Newport Center Villas Residential
Project).
Task 2Initial Study/Notice of Preparation
The Initial Study will include a comprehensive project description and analyze each topical area
of the CEQA Appendix G checklist, as follows.
Aesthetics
Land Use and Planning
Agricultural/Forestry Resources
Mineral Resources
Air Quality
Noise
Biological Resources
Population and Housing
Cultural Resources
Public Services
Geology/Soils
Recreation
Greenhouse Gas Emissions
Transportation/Traffic
Hazards/Hazardous Materials
Utilities and Service Systems
Hydrology/Water Quality
Findings will be clearly substantiated for each checklist question to conclude either no impact,
less than significant impact, or potentially significant impact. At this time it is anticipated that the
only complete CEQA topics that will be eliminated from further review (not carried through to the
EIR) will be Agriculture/Forestry Resources, Biological Resources, and Mineral Resources.
However, individual subtopics and impact statements may also be eliminated from further
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review in the EIR. For example, under Hydrology/Water Quality, the proposed project is not
located in a 100 -year flood hazard area and therefore would not place housing or structures in a
flood hazard area. And under Population and Housing, the project would not displace existing
housing or people and necessitate the construction of replacement housing elsewhere. The
EIR, however, will include HydrologyA/Vater Quality and Population and Housing chapters to
address the remaining checklist questions.
PlaceWorks will prepare the draft Notice of Preparation (NOP) and submit it for review and
approval by the City. After City approval of the NOP, PlaceWorks will copy and distribute the
NOP and Initial Study to state and local agencies, surrounding property owners, and other
special interest groups or individuals identified by the City. The NOP will clearly identify the time
period, contact person, and address established for submitting responses.
Deliverable(s):
• 3 hard copies and 1 CD of the Screencheck Draft IS/NOP
• 5 hard copies and 25 CDs of the IS/NOP for distribution
• Certified mailing to agencies and general public
• Certified mailing to State Clearinghouse for circulation to state agencies
Task 3 Public Scoping Meeting
Pursuant to CEQA Guidelines, Section 15082 (c)(1), at least one public scoping meeting is
required for projects of statewide, regional or areawide significance. By the definition included in
CEQA Guidelines Section 15082(b)(1), the Museum House Residential project meets this
definition because it includes a proposed General Plan Amendment for which an EIR will be
prepared.
PlaceWorks will assist the City in organizing and conducting one public scoping meeting to
present the preliminary environmental impacts of the proposed project and to solicit comments
regarding the scope and content of the environmental issues to be addressed in the EIR. We
will prepare a PowerPoint presentation for the meeting to be reviewed by the City prior to
finalization. At the meeting, we will be prepared to discuss the environmental review process
and to answer specific questions, as desired by the City. It is recommended that the scoping
meeting be held one or two weeks after the release of the NOP, so the public has time to review
the document and voice their concerns about potential environmental issues. After the meeting,
we will prepare a summary of comments that will ultimately be included in the EIR with
references to where each comment is addressed or explanation of why it is not addressed (e.g.,
not an environmental issue).
Deliverable(s):
• Preparation and participation at scoping meeting
• Scoping meeting agendas and public comments received
• Public handouts of exhibits, PowerPoint slides, comment cards (up to 50 copies)
Task 4Screencheck Draft EIR
A project -level EIR will be prepared and include the following sections in accordance with the
CEQA Guidelines:
Executive Summary
Introduction
Project Description
Cumulative Impacts
Consideration of Significant Effects
Project Alternatives
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Environmental Setting Organizations and Persons Consulted
Discussion of Existing Conditions, Environmental Other CEQA-Mandated Sections
Impacts, and Mitigation Measures
As required by CEQA, PlaceWorks will also address potential Energy impacts pursuant to
Appendix F. Energy will be addressed in a separate section, "Other CEQA Considerations."
Key to a defensible and flexible EIR for implementation of the Museum House Residential
Project will be a comprehensive project description. Each topical section of the document will:
(a) describe existing environmental conditions and pertinent regulatory policies and programs
that apply to this project, (b) define the criteria by which impacts will be determined to be
significant, (c) determine the environmental changes that would result from the project, (d)
evaluate the significance of those changes with respect to the impact significance criteria
(thresholds), (e) define mitigation measures to reduce or avoid all potentially significant adverse
impacts, and (f) provide a conclusion as to whether significant impacts would remain, even after
successful implementation of recommended mitigation measures. A conservative scenario
approach will be followed for all analyses in the EIR to provide legal defensibility.
As indicated above, it is anticipated that all CEQA topical sections, with the exception of
Agriculture/Forestry Resources, Biological Resources, and Mineral Resources, will be carried
through and included in the EIR. Analysis and findings of technical studies will be incorporated
into the EIR. Completed technical studies (for stand-alone reports) and supporting modeling
information (Air Quality, Noise, GHG inventory) prepared by PlaceWorks and the Project
Applicant will be included in the EIR appendices.
Consideration of Significant Effects: As required by CEQA, the EIR will identify and focus on
the significant effects of the project and include the following discussions as required by CEQA
Guidelines Section 15126.2:
Effects Not Found to Be Significant
Significant Unavoidable Impacts
Significant Irreversible Changes
Growth -Inducing Impacts
Alternatives to the Proposed Project: Based on our knowledge of the community and
familiarity with the project's potential environmental issues, we understand that the alternatives
for the Museum House Residential Project will need to be carefully crafted. Alternatives will be
defined and analyzed in compliance with Section 15126(d) of the CEQA Guidelines and in
consultation with City staff (and the Project Applicant, as appropriate). As required, the EIR will
analyze the "No Project/Existing Land Use Designation (PI)" alternative along with a reasonable
number of additional alternatives. The EIR Alternatives section will also assess the potential for
the development to occur at an alternative site within the City. Development alternatives will be
determined based on the environmental impacts of the project as proposed and may include a
Reduced Intensity Alternative, Alternative Design (e.g., two lower buildings instead of one high-
rise), etc.
Alternatives will be selected on the basis of their ability to: (1) avoid or reduce one or more of
the project's significant impacts; and (2) feasibly attain most of the basic objectives of the
project. Alternatives considered but eliminated from further consideration will also be
documented. The environmentally superior alternative will be identified; if it is the No Project
Alternative, then one of the development alternatives will be identified as environmentally
superior to the others.
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Deliverable(s):
5 hard copies and 1 CD of the Screencheck Draft EIR
Task 5 Draft Environmental Impact Report (DEIR)
It is assumed the City will provide one consolidated set of written comments on the
Screencheck EIR to PlaceWorks. As appropriate, PlaceWorks' project manager will meet with
City staff to discuss and resolve any major areas of concern and clarify areas of
misunderstanding, etc. We will follow up with City departments or other agencies as necessary
to respond to City staff comments. Upon acceptance of the document as a Draft EIR,
PlaceWorks will reproduce and distribute it to the State Clearinghouse, responsible and trustee
agencies, and other special interest groups and individuals identified on a distribution list to be
developed in consultation with the City.
PlaceWorks will prepare the Notice of Completion (NOC) for City approval and signature. We
will also prepare the Notice of Availability (NOA) for City approval for distribution by the City.
Deliverable(s):
® 20 hard copies of the Draft EIR with CDs of technical appendices in the back cover
= 15 hard copies of the Executive Summary (for the State Clearinghouse)
a 25 CDs of the Draft EIR and technical appendices for distribution
® Preparation of the NOA and NOC
• Certified mailing to agencies and general public
Task 6 Final EIR: Response to Comments and Revisions to Draft EIR
Response to Comments received on the Draft EIR will be prepared in accordance with CEQA
Guidelines Section 15089. Following receipt of all comments on the Draft EIR, written
responses will be prepared for each comment. A Response to Comments section will be
created for the Final EIR and will contain an introduction describing the public review process
for the Draft EIR, copies of all comment letters, and written responses to all comments.
Responses will focus on comments that address the adequacy of the Draft EIR. Comments that
do not address EIR adequacy will be noted as such and no further response will be provided
unless deemed necessary by the City. Responses will be prepared by PlaceWorks with input
from our technical specialists, as needed.
Although the level of comment for an EIR cannot be predicted, an estimated budget for
responses to comments has been established to cover efforts by any member of the consulting
team. The estimated budget assumes that no additional basic research will be required to
respond to comments, and that the comments will be directed at the substance and technical
adequacy of the EIR. PlaceWorks assumes that the Project Applicant's technical consultants
will respond to comments related to the adequacy of their studies. Modification to the scope of
work, budget, and time frame may be necessary if comments received from agencies or the
general public require substantially increasing the scope of impacts and issues addressed in the
EIR. The Final EIR will also include any revisions, updates, or corrections needed to respond to
comments or address minor errors in the Draft EIR.
PlaceWorks will revise the Responses to Comments based on revisions provided by the City.
Responses to Comments from responsible agencies will be distributed a minimum of 10 days
prior to consideration of the Final EIR by the City Council.
Deliverable(s):
® 5 hard copies and 1 CD of the Screencheck Final EIR
® Distribution of the Response to Comments to Commenting Agencies
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• 10 hard copies and 1 CD of the Final EIR (MMRP as described below to be included in this
deliverable)
Task 7 Mitigation Monitoring and Reporting Program
A Mitigation Monitoring and Reporting Program (MMRP) will be prepared, pursuant to Section
21081.6 of the Public Resources Code. It will be presented in standard City format and will
identify the significant impacts that would result from the project, proposed mitigation measures
for each impact, the times at which the measures will need to be conducted, the entity
responsible for implementing the mitigation measure, and the City department or other agency
responsible for monitoring the mitigation effort and ensuring its success.
Deliverable(s):
• 10 hard copies and 1 CD of the MMRP (to be included with Task 6 deliverables)
Task 8 Findings of Fact and Statement of Overriding Considerations and NOD
The Findings of Fact (FOF) will be prepared consistent with the requirements of CEQA. The
draft FOF will be distributed to the City for review and comment. If required, we will prepare a
Statement of Overriding Considerations (SOC) for the project, consistent with the requirements
of CEQA.
Notice of Determination: A draft Notice of Determination (NOD) will be prepared for review by
the City. After the City takes action on certifying the Final EIR and approving the project, the
NOD will be filed with the Office of Planning and Research (OPR) and the Orange County Clerk.
It is assumed the City will provide a check to PlaceWorks for County ($50 administration fee)
and CDFW filing ($3,070).
Deliverable(s):
• 2 hard copies and 1 CD of the Draft FOF and SOC
• Notice of Determination and County Clerk/CDFW filing
Task 9 Meetings/Public Hearings
Our scope of work includes attendance at the following meetings and public hearings. In
addition, we have included coordination meetings with the City via conference call:
• Kick-off meeting (PM, Assistant PM and/or technical specialist, cost included in Task 1)
1 Public Scoping Meeting (PM and Assistant PM, cost included in Task 3)
2 City Coordination Conference Calls (PM)
2 City Coordination Meetings (PM)
• 4 Public Hearings (Assumed 2 Planning Commission and 2 City Council Hearings) (PM)
Additional meeting attendance by PlaceWorks or attendance by other members of the
consultant team will be billed on a time -and -materials basis in accordance with the hourly rates
for the personnel involved.
Task 10 Project Management
As described in the Project Approach, PlaceWorks will coordinate closely with the City to ensure
that the EIR and associated documents are legally defensible, accurate, and useful to decision
makers when considering the approval of the project. Project management responsibilities
include: task scheduling and assignment; management of resources; monitoring of costs and
schedule adherence; management and coordination of subconsultants, including contract
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administration and accounting; consultation and coordination with local and state entities
relative to the environmental review process; and coordination and communications with the
City's project team to ensure compliance with policies, procedures, and any applicable codes.
This task is based on an estimated hours/week for the estimated schedule in this proposal for
the PM. If this schedule is extended beyond the control of PlaceWorks, a budget augment may
be requested for this task.
TECHNICAL STUDIES
PlaceWorks Technical Studies
Air Quality and Greenhouse Gas Emissions
PlaceWorks will prepare a technical analysis to evaluate potential air quality and GHG
emissions impacts associated with the proposed Museum House Residential Project. Impacts
will be based on the current methodology of the South Coast Air Quality Management District
(SCAQMD) for projects within the South Coast Air Basin (SoCAB). The analysis, to the extent
possible, will incorporate data and information PlaceWorks previously compiled in preparing the
air quality and GHG emissions analysis for the City's LUE Amendment Supplemental EIR.
Modeling will be conducted using the California Emissions Estimator Model (CalEEMod). The
results of the analysis will be summarized in the EIR and modeling included as an appendix.
Construction Phase: The analysis will calculate construction emissions related to demolition of
the existing Orange County Museum of Art (OCMA) building and development of the proposed
100 -unit multistory residential building. The construction phase regional emissions inventory will
be based on the construction schedule, including duration for each construction subphase,
anticipated equipment for each subphase, and estimated earthwork movement and demolition
debris, as provided by the Project Applicant. Construction activities will also include substantial
export for the proposed two levels of subterranean parking. Soil export volumes, haul truck
capacity, and duration of haul activities information verified and provided by the Project
Applicant will be incorporated into the model. Project -related construction emissions will be
compared to the SCAQMD regional significance construction thresholds.
Localized air pollution impacts from construction equipment exhaust and fugitive dust will be
compared to SCAQMD's screening -level localized significance thresholds (LST) for their
potential to elevate concentrations of air pollutants at the adjacent land uses surrounding the
project site. Mitigation measures will be identified, as necessary, to reduce any potentially
significant regional and/or localized air quality impacts.
Operational Phase: The air quality and GHG emissions analysis will provide a quantified
estimate of the increase in long-term emissions from buildout of the mixed-use project in
comparison to existing operations of the museum. The emissions estimates will be based on
project -related trip generation provided by the traffic consultant, area sources (i.e., landscaping
fuel, architectural coatings, consumer products), energy sources (i.e., natural gas consumption,
electricity use), water use and wastewater generation, and solid waste disposal. Total emissions
from construction activities will be amortized into the GHG emissions inventory. Current
emissions associated with the existing OCMA building will also be evaluated. Overall, the net
criteria air pollutant and GHG emissions will be compared to the SCAQMD's significance
thresholds. Mitigation measures will be incorporated, as necessary, to reduce potentially
significant GHG impacts of the project. Additionally, consistency of the project's regional
emissions will also be evaluated against the SCAQMD Air Quality Management Plan.
Other Areas of Impact: The SoCAB is currently designated nonattainment under the National
and/or California ambient air quality standards (AAQS) for ozone (03), fine inhalable particulate
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matter (PM2.5), coarse inhalable particulate matter (PM,o), and lead (Los Angeles County only).
The SCAQMD has adopted the 2012 Air Quality Management Plan (AQMP) to ensure the
SoCAB can attain the long-term National and California AAQS. The analysis will include a
consistency evaluation of the project's regional emissions to SCAQMD's AQMP. The SoCAB
has been designated in attainment for carbon monoxide (CO) under both the California and
National AAQS. Therefore, the air quality analysis will include only a qualitative assessment of
CO hotspots. A qualitative assessment of potential odor generation will also be included. Finally,
the air quality analysis will include a qualitative discussion on the compatibility of the proposed
project to the surrounding uses from an air quality perspective.
Project Consistency with Plans Adopted to Reduce GHG Emissions: The GHG analysis
will include a discussion on the GHG reduction goals of Assembly Bill 32 (AB 32) and Senate
Bill 375 (SB 375). To achieve the GHG reduction targets of AB 32, the California Air Resources
Board (CARB) prepared the 2008 Scoping Plan and a 2014 Update to the Scoping Plan. In
addition, the Southern California Association of Governments (SCAG) adopted the 2012
Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) to ensure that the
southern California region can attain the regional transportation -related GHG reduction goals of
SB 375. Project consistency with these statewide and regional GHG emissions reduction
strategies will be reviewed.
Deliverable(s):
Air Quality and GHG Emissions Analysis, to be included as an appendix to the EIR
Noise and Vibration Analysis
PlaceWorks will evaluate potential noise and vibration impacts for the construction and
operational phases of the proposed Museum House Residential Project in comparison to
existing operations of the museum. We will use our experience and knowledge of similar noise
environments to characterize the existing conditions for the project area, with particular attention
being paid to the traffic flows on San Joaquin Hills Road, Santa Cruz Drive, San Clemente
Drive, Santa Barbara Drive, and Jamboree Road. Additionally, PlaceWorks will leverage, to the
extent applicable, our previous experience working within the 2006 General Plan, as well as our
preparation of the recent Newport Beach LUEA Supplemental EIR.
PlaceWorks will assess temporary noise and vibration impacts during demolition and project
construction activities using industry -standard analysis techniques and the scheduling,
equipment mix, hauling, and truck trip information provided by the Project Applicant. Particular
attention will be paid to the relatively large excavation effort, the subterranean facilities, and the
substantial foundations needed for the multistory condominium tower.
Long-term, operational noise impacts will be primarily related to project -generated traffic flows.
Traffic noise impacts to uses along nearby roadway segments will be assessed with input
parameters based on traffic forecasts included in the project's traffic study and will be assessed
using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Model. Other
ongoing noise sources at the site (e.g., HVAC units, maintenance activities, and periodic truck
movements) are expected to be of secondary importance to the traffic impacts and will be
discussed qualitatively.
Land use compatibility with respect to noise will be assessed based on future traffic noise
projections for local roads. Compatibility with respect to aircraft facilities will be evaluated. While
the project site is within the AELUP for John Wayne Airport, it is outside of 65 dBA CNEL
aircraft noise contour and, as a result, should not experience airport -related noise impacts.
Thus, potential aircraft noise intrusion will be accounted for qualitatively. Likewise, there are no
rail lines in the vicinity of the project site, and rail noise can be dismissed from detailed
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assessments. Compatibility with state interior sound insulation standards will be made assuming
typical architectural attributes for multifamily facilities.
Potential noise and vibration impacts will be evaluated according to applicable City of Newport
Beach noise and vibration criteria in the City's General Plan and Municipal Code. Mitigation
measures to reduce noise and vibration impacts will be recommended, as necessary, to reduce
potential impacts to less than significant levels.
The findings of the noise and vibration analyses and impact assessment will be provided in the
EIR, and pertinent calculations and technical information will be provided in an appendix.
Deliverable(s):
Noise and Vibration Analysis, to be included as an appendix to the EIR
Subconsultants Technical Studies
Cultural Resources — Cogstone
Technical Memorandum
Cogstone prepared the cultural resources study for the 2014 Newport Beach LUEA
Supplemental EIR. Findings from the study and EIR concluded that the project would have a
less than significant impact on historical, archaeological, and paleontological resources and
human remains upon implementation of existing regulations. Therefore, cultural impacts of the
Museum House Residential project are also anticipated to be less than significant.
Cogstone will rely on the previous literature search (Historical Resources Information System
and South Central Coastal Information Center records) to prepare the site-specific
memorandum for the Museum House Residential Project. Mitigation will be refined as
appropriate to reflect the proposed project and excavation activities.
Cogstone will also utilize the previous paleontological records search obtained from the Natural
History Museum of Los Angeles County and literature review from the Newport Beach LUEA
project to address potential paleontological impacts. Cogstone will customize the report to
reflect resources near the site, and the propensity for fossils within local geologic formations.
Since the proposed project includes a General Plan Amendment, it is subject to SB 18 tribal
consultation requirements. It is also subject to the recently adopted AB 52, which requires the
CEQA document (ND, MND, or EIR) to address potential impacts to tribal cultural resources and
the City to participate in consultation if requested by tribes. Cogstone's technical memorandum
will include the evaluation of potential impacts to Tribal Cultural Resources required under AB
52. This will include contacting the Native American Heritage Commission (NAHC) to obtain a
review of the Sacred Lands File.
SB 181 AB 52 Tribal Consultation Assistance
Cogstone will assist the City in tribal consultation per Senate Bill 18 (SB 18) and Assembly Bill
52 (AB 52) The Sacred Lands File will be reviewed to prepare the Tribal Cultural Resources
assessment as noted above. This task will also include contacting the NAHC to request a list of
tribes per SB 18 and coordinating with the City regarding any tribes that have requested project
notification per AB 52. The NAHC will determine if any NAHC-listed Native American sacred
lands are within or adjacent to the project area.
Steps for SB 18 and AB 52 include: 1) submit the combined SB 18/AB 52 request to the NAHC
on behalf of the City, 2) upon receipt of response, prepare tribal letters that summarize the
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known cultural information and invite the tribes to consult with the City, 3) provide these letters
to the City for printing on their letterhead and distribute by certified mail. Tribes may choose to
consult via mail or in-person meeting. Cogstone can also provide assistance with meetings. This
scope of work includes up to two consultation meetings with the City. However, additional
consultation, including a discussion of potential impacts to Tribal Cultural Resources and
possible mitigation measures, are not included in this scope of work. Should additional
consultation be requested, Cogstone can assist the City by recommending an outreach and
consultation strategy and coordinating and attending any additional requested meetings. Follow
up consultation beyond the tasks outlined here would be addressed on a time and material
basis.
Deliverable(s):
• Cultural Resources Technical Memorandum, to be included as an appendix to the EIR
• Letter templates and instructions on contacting AB 52–specific Native American tribes
® Up to 2 consultation meetings with City and tribal groups
ANTICIPATED SCHEDULE
PlaceWorks keeps our projects on track by preparing and sharing detailed project schedules
prepared with Microsoft Project schedule software. The attached preliminary schedule is based
on our current understanding of the project and status of information. For purposes of the
schedule, we assume that the technical information and studies to be provided by the Project
Applicant and City traffic consultant—including geotechnical, Phase I (hazards), Water Quality
Management Plan, civil engineering plans, and shade/shadow analysis—will be available at
project kick-off. It is also anticipated that the traffic impact assessment will be the critical path for
the EIR. Other assumptions are as detailed on the schedule. We will update and refine this
schedule based on details provided at the kick-off meeting. Moreover, this base schedule will be
used and updated throughout the project and shared with all team members.
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13-35
Museum House Residential Project
City of Newport Beach
Estimated Environmental Processing Schedule
PlaceWorks -11/1/15
ID
Task Name
Duration
Stad
FinisM1 P tlec.ss.rm
ov 15 ec'15. _ _ _ an'16 86'16 ar ifi r 16 Ma '16 .?'16
22 29 6 13 20 2]-1-14ul'16_ u '16 a '16
3_ 10 11_ 24 31_ ] 14. 21_ 286 ; 13 20;.2] 3 10 _i J,y 2d 1 _8_ 15. 22 39_._5
1
IM Notice to Proceed
0 days,
11/16/15
11/16/15Estimates
Nance to Proceed
.Estimated
'..@
11/16
2
'.Task 1 - Kick Off MeetinglProject
20 days',
11/17/15
12/14/15,
Tm.k1 - lest Off W,ti,gM,.ject Description
Description
',,
'..,..
1v14
8
0 Kick off Meeting
0 days,
11/17/15
11/17/151
M .. Project Description
2 wks;
11/17/15
11/30/153
1vn
pmj a.riptfon
4
6
Iterative Review/Revisions - Approve Project
2wks/
12/1/15
12/14/154
Nerati.RweydRey APP ePr.j-Dec
Desc
6
',Task 2 - Initial Study/NOP/Scoping Meeting
64 days,
11/17/15
2/13/16.1
r ak 2 -Initial 5t dy/NOP/5 .ping Meeting
.2/13'
7
Prepare Draft Initial Study
5wks,
11/17/15
12/21/15'.5FF+1 wk
.pare Dr R Initial Study
21r
8
` Iterative Review/Revisions
-.- 2 wks/
12/22/15
1/4/16117
1-1m. y..1R.vi....
Prepare NOP/Compile Distributions List
1 wk,
1/8/16
1/14/168FS+3 days
Prepare NDwc IeDatr bub.na List
10
i NOP 30 -Day Public Review
'130 edays,
1/14/16,
2/13/169,8
..Day pgbb. R.v1.w
2/13
11
i Public Scoping Meeting
'.. 0 days,
1/28/16
1/28/16.10SS+2 wks
P bl.s..Plug M_uk.g
,Task 3 - Draft EIR
30 days?..
11/16116
5/15/16
1/26
Task3 •Draft EIR
12
5115
13
Technical Study Preparation
65 days,
11/16/15
2/12/16
T..W..istgdyP,.p mb.n
14
Traffic Study (estimate - to be prepared by
10 wks
11/16/15
1/22/161
Tranic m1y tsar ate - t. be prepared by ty C .... ltant)
City Consultant)
MINIMUM
j
15
AQ/GHG
5wks.
1/11/16
2/121164,14FF+3 wks -
AD/GHG
12
16
d
Noise & Vibration
5 wks'.
1/11/16
2/12/164,14FF+3 wks
i Nose & Vibmti.n
2
n�
Cultural Resources
6wks'.
12/1/15.
1/11/164
cmw.al Rsa..r.ea
vn
18 1
Admin Draft EIR- preparation
14 wks.
11/23/15
2/26/1613FF+2 Wks
Mtrin Draft EIR- preparation
6
1s
Submit Admin Draft to City
0 days?:
2/26/16
2/26/16.18
I
zns
20
City/Place Works Team Review/Revise
4 wks.
2/29/16
3/25/161..19
citymlac .rka T.am R.y. yiae
ns
21 1
Prepare NOC/NOA/Distribution
.. 3 days,
3/28/16.
3/30/1620
Pwp—NOC A1Dlstnb,tlon
3130
22
45 -day Public Review
45 edays..
3/31/16
5/15/1621 FS+1 day
45-0.y P°blit R -i—
sn5
23
Task4-Final EIR/MMRP/F&Fs
25 days,
5/9/16
6110/16
Tak4-Fi-1 ElWMMRPT s
: Screencheck Final EIR
'.. 3 wks:
5/9/16
5/27/1622FS-1 wk
6/10
so escl,-k Final EIR
24
25
Review/Revisions Iteration
'.. 2 wks`
5/30/16
6/10/1624
R.W.y, y .nal.mtto.
Att
26
MMRP
1 wk
6/6/16
6/10/16.25FF
MMRP
/10
27
Facts& Findings/Overrides
1 wk
616/16..
6/10/1626
Fanta& coding 0110 ,id..
6n0
29
Task 5 - Coordination & Public Hearings
50 days
6113/16
8119/16
Task 5-coordmabon & Public Hearings
8119
32
Planning Commission Hearings
2wks
6/13/16,
6/24/1623
P1... he Cq ps,ts.l., Hear ngs
ity Council Hearings
3 wks',
6/27/16
7/15/1632
n4
ac .soon HeaNnga
3°
]/15
'.NOD
0 days,
7/18/16
7/18/16 33FS+1 day
D
7/18
Task
Summary
Extemal Milestone 0
Inadive summary � Manual Summary Rollup
Fin.1,-ly 7
Project: M——.—EIR
Date: Mon 11/1/15
Split .....
"""""'
,,. Projecl5ummary
Inactive Task 0
Menual Task Manualsummary
P g
r. rens
Milestone ♦
Extemal Taeke
� Inacrve Mil,.—
Durst.—ly Stad-only C
Deadline 5,
Pag. i
13-35
EXHIBIT B
SCHEDULE OF BILLING RATES
The attached budget is proposed by the PlaceWorks team for the Museum House
Residential Project EIR. The proposed scope of work will require $119,671, billed on a
time and materials basis and based on PlaceWorks' 2015 Standard Fee Schedule,
shown in Table 1. The budget has been customized to show each CEQA compliance
task separately. The proposed budget also includes all costs for labor and expenses
(direct costs), including reproductions, travel, communications, and materials and
supplies.
STAFF LEVEL
HOURLY BILL RATE
Principal
$190—$250
Associate Principal
$175—$200
Senior Associate/Senior Scientist
$145—$180
Associate/Scientist
$110—$150
Project Planner/Project Scientist
$90—$115
Planner/Assistant Scientist
$75—$95
Graphics Specialist
$60—$95
Clerical/Word Processing
$40—$110
Intern
$50—$70
Subconsultants are billed at cost plus 10%.
Mileage reimbursement rate is the standard IRS -approved rate.
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lla&
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
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B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
MEMMMMMMMEMM
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judgment may be necessary for its proper protection and prosecution of
the Work.
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