HomeMy WebLinkAbout07 - Amendment of PSA for the Proposed Harbor Pointe Senior Living Project Located at 101 Bayview Place (PA2015-210)�EWPR CITY OF
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- z NEWPORT BEACH
<,FoR�P City Council Staff Report
September 27, 2016
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949-644-3226, kbrandt@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Associate Planner
949-644-3253, bzdeba@newportbeachca.gov
TITLE: Amendment of Professional Services Agreement with Psomas DBA
BonTerra Psomas for Environmental Services for the Proposed
Harbor Pointe Senior Living Project Located at 101 Bayview Place
(PA2015-210)
ABSTRACT:
Community Development staff requests an amendment of a professional services
agreement with Psomas for environmental consulting services for the preparation of an
environmental impact report for the proposed Harbor Pointe Senior Living project
located at 101 Bayview Place.
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 this consulting service
($197,640) will be reimbursed to the City by the applicant (Harbor Pointe Senior Living,
LLC).
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Amendment of Professional Services Agreement with Psomas
September 27, 2016
Page 2
DISCUSSION:
On November 23, 2015, the applicant submitted an application for legislative and
discretionary approvals to accommodate the future redevelopment of the project site
with a senior living facility. Attachment B provides an aerial photograph of the project
site.
The project site is currently developed with a single -story restaurant (Kitayama). The
site is currently designated by the General Plan for CO -G (General Commercial Office),
however, the applicant is requesting land use amendments and related applications to
change the land use to PI (Private Institutions) to provide for a senior living facility.
Applications include a General Plan Amendment, Zoning Code Amendment, Planned
Community Development Plan Amendment, Site Development Agreement, and
Conditional Use Permit.
Planning staff's initial analysis of the project for compliance with the CEQA concluded
that the project would not have a significant impact on the environment and an initial
study/mitigated negative declaration (IS/MND) was prepared. Staff mailed out a
Request for Proposals (RFP) to a total of four environmental consulting firms. Psomas
was the only firm to submit a proposal in response ($85,530) (Attachment C). Based on
careful review of the proposal, staff determined the firm was qualified based on the
quality and detail of the scope and prior work experience on similar projects with other
jurisdictions.
A professional services agreement for the IS/MND was completed for Psomas DBA
BonTerra Psomas in March 2016, and the consultant continued with preparation of the
initial study. During this preparation period, staff worked closely with the consultant to
identify areas with potential environmental impacts under CEQA. Upon further
discussion, it was expressed there may be one or more potentially significant
environmental impacts. As such, it was determined an environmental impact report
(EIR) should be prepared instead of the IS/MND. Psomas was then directed to prepare
a notice of preparation and a scoping meeting for the project was held on August 15,
2016, in the community room. All work completed to date is within the original amount
stipulated in the executed professional services agreement. This professional services
agreement amendment is necessary to continue the process.
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.
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Amendment of Professional Services Agreement with Psomas
September 27, 2016
Page 3
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 of Professional Services Agreement with Psomas
Attachment B — Project Site Exhibit
Attachment C — Current Professional Services Agreement with Psomas
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Attachment A
Amendment of Professional Services
Agreement with Psomas
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AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS DBA BONTERRA PSOMAS FOR
PREPARATION OF ENVIRONMENTAL IMPACT REPORT (EIR)
FOR THE HARBOR POINTE SENIOR LIVING PROJECT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 27th day of September,
2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and PSOMAS DBA BONTERRA
PSOMAS, a California corporation ("Consultant"), whose address is 3 Hutton Centre
Drive, Ste. 200, Santa Ana, California 92707, and is made with reference to the
following:
RECITALS
A. On March 30, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") for Initial Study/Mitigated Negative Declaration
(IS/MND) for the Harbor Pointe Senior Living Project in accordance with the
California Environmental Quality Act ("CEQA") ("Project").
B. On May 25, 2016, City and Consultant entered into Amendment No. One to the
Agreement ("Amendment No. One") to reflect modifications to the Schedule of
Billing Rates to the Agreement.
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to March 31, 2018 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
IN 4:4 Lyi I
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2018, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to this Amendment No. Two shall
collectively be known as "Exhibit A." The City may elect to delete certain Services
within the Scope of Services at its sole discretion.
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3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Ninety Seven Thousand Six Hundred Forty Dollars and 00/100 ($197,640.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Twelve Thousand One Hundred Ten Dollars and 00/100
($112,110.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Psomas DBA BonTerra Psomas Page 2
W
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date:
By: W,(r
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT' BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONSULTANT: Psomas DBA BonTerra
Psomas, a California corporation
Date:
By:
Kathleen Brady, AICP
Vice President, Environmental Planning
Date:
,loan Patronite Kelly
Senior Vice President/Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Psomas DBA BonTerra Psomas Page 3
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EXHIBIT ,A
SCOPE OF SERVICES
Psomas DBA BonTerra Psomas
Page A-1
WA
Harbor Pointe Senior Living Project
ATTACIiMENT A
SCOPE OF WORK
HARBOR POINT SENIOR LIVING PROJECT
INITIAL STUDYIMITIGATED NEGATIVE DECLARATION
August 25, 2016
PROJECT UNDERSTANDING
The proposed Harbor Pointe Senior Living Project (hereinafter referred to as the "Harbor Pointe Project"
or the "Project") proposes development of a 144 -bed convalescent facility and congregate care home on
an approximate 1.5 -acre site. The Project site is located at 101 Bayview Place in Newport Beach, at the
northeast corner of the site. The site is bordered by Bristol Street on the northeast and Bayview Place on
the southeast. To the northwest and southwest, the site abuts single- and multi -family residential
developments.
As part of the proposed development, the existing single -story, approximate 8,800 -square -foot restaurant
and its associated surface parking lot would be demolished to accommodate the development of a 5 -story,
109,633 -square -foot, 144 -bed convalescent and congregate care facility with I level of subterranean
parking, which will include a total of 78 parking stalls. The proposed facility will include amenities such
as a fitness room, a spa/salon, an outdoor Memory Care garden, a water feature, and seating areas. The
proposed massing of the facility corresponds to adjacent uses (i.e., commercial along Bristol Street and
residential to the southwest of the Project site) to create compatibility with the adjacent uses.
The site is currently designated CO -G (General Commercial Office) and is part of the existing Bayview
Planned Community Development Plan (PC -32).
In order to accommodate development of the proposed Project, the following discretionary actions would
be required: (1) A General Plan Amendment (GPA) to change the land use designation from the existing
CO -G (General Commercial Office) to PI (Private Institutions); (2) a Planned Community Development
Plan Amendment to amend the existing Bayview Planned Community Development Plan (PC -32) to
increase the height and floor area and to change the land use limitations; (3) a Major Site Development
Review to allow the construction of over 20,000 square feet of nonresidential gross floor area; and (4) a
Conditional Use Permit to allow the establishment of a 144 -bed combined convalescent facility with
congregate care housing.
SCOPE OF ENVIRONMENTAL IMPACT REPORT
Preparation of the EIR will include the following tasks:
Task 1 Notice of Preparation (NOP) and Scoping Meeting
Task 2 Environmental hnpact Report
Task 2.1 Administrative Draft Environmental Impact Report
Task 2.2 Screencheck Draft Environmental Impact Report
Task 2.3 Draft Environmental Impact Report and Distribution for Public Review
Task 2.4 Final Environmental Impact Report and Responses to Comments
Task 2.5 Findings of Fact and Statement of Overriding Considerations
Task 3 Mitigation Monitoring and Reporting Program
Task 4 Notice of Determination
Task 5 Project Management, Project Meetings, and Public Hearings
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Harbor Pointe Senior
TASK I NOTICE OF PREPARATION AND SCOPING MEETING
The City of Newport Beach has made a determination that a full -scope EIR, inclusive of all
environmental topics, will be the appropriate CEQA document for the proposed Project. Therefore,
preparation of a Notice of Preparation (NOP) would suffice and an Initial Study would not be required.
BonTerra Psomas will prepare of a Notice of Preparation (NOP), pursuant to Section 15082 of CEQA
Guidelines, to notify the State Clearinghouse, responsible and trustee agencies, and the public that an EIR
will be prepared for the proposed Project.
BonTerra Psomas will prepare a Draft NOP for review by the City. The NOP will provide an overview of
the Project; expected approvals required for Project implementation; and pertinent graphics. The NOP
will also serve as a Scoping Meeting Notice. Upon receipt of comments from the City, BonTerra Psomas
will revise the NOP and prepare a final copy prior to public review.
BonTerra Psomas will be responsible for coordinating the reproduction and mailing of the NOP based on
a distribution list provided by the City and address labels of the surrounding property owners provided by
the Applicant. BonTerra Psomas will file the NOP with the State Clearinghouse and other responsible and
trustee agencies. The NOP will be distributed via overnight delivery or certified with signed receipt as a
proof of delivery, in compliance with the State CEQA Guidelines. Since no Initial Study is being
prepared, the full NOP will be to property owners within 300 -foot radius of the Project site rather than
preparing a separate notice of availability (NOA). The copies of the NOP to the surrounding property
owners will be sent via U.S. mail. Based on discussions with the City, it is assumed that the City will
publish a NOA of the NOP in the local paper.
BonTerra Psomas will prepare for and attend one EIR Scoping Meeting that will be held during the 30 -
day public review of the NOP. Is it assumed that the City will coordinate and organize the Scoping
Meeting at the City Hall. BonTerra Psomas will attend and participate in the meeting, as appropriate. If
requested by the City, BonTerra Psomas will describe the process to be followed in preparing the EIR for
the proposed Project. Comments and issues to be addressed in the ETA will be requested from all meeting
attendees. This Scope of Work assumes that BonTerra Psomas will prepare brief Scoping Meeting
materials (e.g., handouts, sign in sheets, comment cards). However, any display boards will be provided
by the Applicant. If requested by the City, BonTerra Psomas can prepare display boards and a PowerPoint
presentation for the Scoping Meeting on a time and materials basis. BonTerra Psomas will prepare a
summary of the meeting for inclusion in the EIR and will ensure that the issues raised at the meeting are
addressed in the Draft EIR document, as appropriate. However, a standalone scoping report or transcript
of the meeting is not assumed to be required. This Scope of Work assumes that visual displays will be
provided by the Project Applicant, as necessary.
Task I Deliverables
0 Electronic copies of Draft and Final NOP (2 submittals)
Distribution of up to 45 copies of the NOP via overnight mail or certified mail
Distribution of NOP to surrounding residents (300 -foot radius) via U.S. mail.
Scoping Meeting Materials (i.e., handouts, sign in sheets, comments cards)
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Harbor Pointe Senior Living
TASK 2 DRAFT ENVIRONMENTAL IMPACT REPORT
Task 2.1 Administrative Draft Environmental Impact Report
BonTerra Psomas will prepare the Administrative Draft EIR in accordance with CEQA (Public Resources
Code, Sections 21000, et seq.), the State CEQA Guidelines (California Code of Regulations [CCR], Title
14, Section 15000 et seq.), and pertinent case law. The analysis will be based upon the NOP comments
received; community and agency input received at the Scoping Meeting; technical evaluation of the
proposed Project; and available and pertinent data. The analysis assumes that the Project will comply with
all applicable federal and State laws and regulations and the City of Newport Beach Municipal Code. The
EIR text will be supplemented by exhibits and graphics to enhance and support the analysis and findings.
Upon completion of the Administrative Draft EIR, it will be submitted electronically to the City for
review and comment. BonTerra Psomas' approach to preparing key sections of the EIR is provided
below. This Scope of Work assumes two rounds of review (i.e., Administrative and Screencheck Draft
EIRs),
Execrative Summary. BonTerra Psomas will prepare the executive summary section upon completion of
all other EIR sections in order to present the final and updated information. This section will summarize
the Project Description, impacts, and mitigation measures. The summary will also discuss the location,
areas of controversy and issues to be resolved, and Project alternatives.
Introduction. BonTerra Psomas will prepare the introduction section, which will include a description of
the purpose of the EIR, public scoping and circulation, and required contents of the EIR.
Project Description. BonTerra Psomas will work closely with the City and Project Team members to
prepare an in-depth description that articulates the characteristics and overall objectives of the Project.
The Project Description will include but not be limited to the Project History; Intended uses of the
EIR/Project approvals; EIR focus and effects found not to be significant; Project location; Project
characteristics; and Project goals and objectives.
Environmental Analysis. Each topical EIR section will contain a discussion of the existing conditions on
the site and in the Proj cot vicinity; a summary of the regulatory framework; identification of significant
environmental effects anticipated for each environmental issue; and mitigation measures, if required.
Thresholds of significance will be stated in each technical section to enable the reader to understand the
analytical process used to identify potential Project impacts and, unless otherwise directed by the City,
will be taken from the State CEQA Guidelines. For each topical issue, the EIR will identify the level of
significance prior to and after mitigation, based on the established thresholds.
Establishing a nexus among the Project -specific and cumulative impacts and the suggested mitigation
measure(s) is critical. BonTerra Psomas will differentiate among features of the Project (Project Design
Features [PDFs]) that serve to partially or completely mitigate potential impacts; City of Newport Beach
standard conditions of approval, as applicable; and "conventional" EIR mitigation measures. Project
effects that cannot be mitigated to a level considered less than significant will be identified.
Alternatives. BonTerra Psomas will provide an assessment of alternatives to the proposed Project. These
alternatives will be based on the requirements of CEQA as well as discussions with City staff members
and the Project Team, This Scope of Work assumes that up to two development alternatives and a No
Project Alternative will be addressed. It is assumed that one of the development alternatives will be the
development of the site consistent with the General Plan (i.e., up to 70,000 square feet of General
Commercial Office). The second development alternative will be designed to reduce or eliminate, where
possible, the impacts identified for the proposed Project. The alternatives will be discussed and further
developed through collaboration with the Project Team; however, it is assumed it will be a modification
of the design rather than an alternative use. Each alternative will be qualitatively assessed in comparison
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Scope of Work
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Harbor Pointe Senior Living Project
to the proposed Project; quantitative analysis will be provided if necessary to adequately compare the
impacts of the alternatives and the Project.
Cumulative Impacts. In addition to the analysis of potential short-term and Iong-term Project -specific
impacts and the analysis of direct and indirect impacts, BonTerra Psomas will conduct a cumulative
impact analysis based on the provisions of Section 15130(b)(1) of the State CEQA Guidelines. BonTerra
Psomas will work closely with City staff and Project Team members to ensure that appropriate Projects
are evaluated. However, to ensure a comprehensive analysis, the regional growth projections, which
reflects the adopted General Plan will be utilized. The cumulative assumptions will be identified for each
topical issue.
Required California Environmental Quality Act Topics The following CEQA-required sections will be
prepared as a part of the FIR: long-term impacts; significant irreversible environmental changes;
significant unavoidable adverse impacts; growth -inducing impacts; energy impacts (pursuant to Appendix
F of the State CEQA Guidelines); references; and preparers and contributors, agencies, and persons
consulted. The Administrative Draft FIR will be submitted electronically to the City for review and
comment.
BonTerra Psomas will review the comments received from the City on the Administrative Draft FIR and
make the necessary revisions to the document. BonTerra Psomas will also be responsible for identifying
conflicting comments/direction and ensuring that these issues are resolved. BonTerra Psomas will revise
the document and submit a Screencheck Draft to the City for approval prior to public distribution.
Task 2.1 Deliverables
a Electronic copy of the Administrative Draft FIR
Task 2.2 Screencheck Draft Environmental Impact Report
BonTerra Psomas will review the comments received from the City on the Administrative Draft EIR and
make the necessary revisions to the document. BonTerra Psomas will also be responsible for identifying
conflicting comments/direction and ensuring that these issues are resolved. BonTerra Psomas will revise
the document and submit a Screencheck Draft to the City for approval prior to public distribution.
Task 2.2 Deliverables
0 Electronic copy of the Screencheck Draft EIR
Task 2.3 Draft Environmental Impact Report and Distribution for Public Review
Upon receipt of comments on the Screencheck Draft EIR, BonTerra Psomas will incorporate additional
revisions, as necessary and prepare the Draft EIR. BonTerra Psomas will be responsible for producing
and distributing the Draft EIR for a 45 -day public review period, based a distribution list provided by the
City, which will include all agencies, interested parties, and members of the public. BonTerra Psomas
anticipates 50 CD copies will be distributed, including 15 for the State Clearinghouse.
BonTerra Psomas will also prepare a Notice of Completion (NOC) that would be submitted to the State
Clearinghouse (SCH) with 15 CDs of the Draft EIR and 15 copies of the SCH electronic submittal form.
In addition, BonTerra Psomas will prepare a Notice of Availability (NOA) and mail out copies to
property owners within the 300 -foot radius of the Project site. It assumed that the City will be responsible
for publishing the NOA in the local newspaper.
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Harbor Pointe Senior
Task 2.3 Deliverables
M Electronic copy of the Draft EIR
a Up to 30 CDs of the Draft EIR, including technical appendices, for distribution
N Electronic copies of the NOC
M Electronic copies of NOA
Or Distribution of the NOA to property owners (300 -foot radius)
a Submittal of the required 15 copies of the NOC and Draft EIR to the State Clearinghouse
Task 2.4 Responses to Comments/ Final Environmental Impact Report
Following the 45 -day public review period, BonTerra Psomas will review all comments provided to the
City from the State Clearinghouse and other parties on the Draft FIR. Based on the comments received,
BonTerra Psomas will organize the comments so the Responses to Comments (RTC) effort can be
performed in a timely and cost-efficient manner. Following review of the comments received, BonTerra
Psomas will coordinate with the City on the approach to preparing the responses. BonTerra Psomas will
be responsible for assigning responsibilities to Project Team members for responding to comments; for
ensuring that the responses are received; and for incorporating all input from the Project Team into the
RTC document.
BonTerra Psomas, with assistance from the technical team, will prepare written responses to comments
that raise significant environmental issues. The revisions that result from the comments on the Draft EIR
will be incorporated into the text of the Draft EIR (Errata). The new and modified text will be underlined,
and the deleted text will be stricken -out. Electronic copies of the Draft RTC and the revisions to the Draft
EIR will be provided to the City for review. This Scope of Work assumes that BonTerra Psomas will
spend approximately 100 hours of professional staff time on this task. If it appears that additional effort
will be necessary or if late comment letters are received that raise significant environmental issues,
BonTerra Psomas will notify the City and a budget augment may be needed.
Upon receipt of comments from the City, BonTerra Psomas will revise the Draft RTC document and
prepare the Final EIR; will coordinate with the technical team regarding revisions that are needed; and
will provide electronic copies of the Final EIR, including the Draft FIR, RTC, and Errata to the Draft EIR
to the City for a final review.
BonTerra Psomas will mail responses to public agency comments at least ten days before consideration of
certification of the Final EIR, as required by CEQA.
Task 2.4 Deliverables
a Electronic copies of Draft and Final Responses to Comments
a Electronic copy of Final EIR
Task 2,5 Findings of Fact and Statement of Overriding Considerations
It is assumed the BonTerra Psomas will prepare the Findings of Fact and Statement of Overriding
Considerations (Findings and SOC) for the Project pursuant to Sections 21081 and 21081.6 of the
California Public Resources Code and Sections 15091 and 15093 of the State CEQA Guidelines,
BonTerra Psomas will coordinate with the City and the Applicant for the identification of benefits of the
Project to ensure the SOC reflects the full range of benefits. A draft copy of the Findings and SOC will be
submitted to the City for review. Revisions will be made to respond to any comments by the City on the
draft document.
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Harbor Pointe Senior Living Project
Task 2.5 Deliverables
Electronic copies of the Draft and Final Findings of Fact and Statement of Overriding
Considerations,
TASK 3 MITIGATION MONITORING AND REPORTING PROGRAM
In compliance with Section 21081.6 of the California Public Resources Code, BonTerra Psomas will
prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Final ETR document and
for adoption at the time of the Final ETR. The MMRP will be prepared in matrix format and will provide
the timing and responsibility for each mitigation measure. A Draft MMRP will be electronically
submitted for review by the City. Upon receipt of comments from the City, BonTerra Psomas will revise
the MMRP to address the comments and submit a revised Final MMRP to the City.
If the Planning Commission or City Council modifies the Project and/or recommends any additional
standard conditions and mitigation measures for the proposed Project, BonTerra Psomas will revise the
MMRP. However, substantial modifications are not assumed in the fees for this Project.
Task 3 Deliverables
61 Electronic copies of Draft and Final MMRP
TASK 4 NOTICE OF DETERMINATION
BonTerra Psomas will prepare the Notice of Determination (NOD) for the Project, which will be signed
by the City upon certification of the EIR and action on the Project. BonTerra Psomas will file the NOD
with the County Clerk and the State Clearinghouse. It is assumed that the Applicant will provide
BonTerra Psomas with a check for payment of the California Department of Fish and Wildlife filing fees
and County Clerk Recorder processing fee at the time the NOD is filed.
Task 4 Deliverables
X Electronic copy of the NOD for signature
a One electronic copy of the NOD stamped as having been filed with the County Clerk
TASK 5 PROJECT MANAGEMENT, PROJECT MEETINGS, AND PUBLIC HEARINGS
Task 5.1 Prosect Management
BonTerra Psomas will be responsible for managing the CEQA process for the City. This includes ongoing
coordination with the City and team members to ensure compliance with the Scope of Work and schedule
and to ensure that information is disseminated, as necessary. This Scope of Work assumes an
approximately 6.5 -month schedule for the EIR after a Notice to Proceed is issued.
Task 5.2 Project Meetings
This task includes attendance at up to three coordination meetings for the EIR with City staff and Project
Team members, as necessary. This Scope of Work assumes that the Project Manager and Assistant
Project Manager will attend all meetings (three hours each, which includes preparation and travel time).
Additional meeting attendance will be billed on a time and materials basis, based on hourly rates and
subject to prior approval.
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Harbor Pointe Senior Living Project
Task 5.2 Deliverables
Up to three meetings with the City staff members and the Project Team
Task 5.3 Public Hearings
BonTerra Psomas will attend up to two public hearings, including PIanning Commission and City Council
meetings. BonTerra Psomas will be available to make presentations and/or provide advice and input to the
City and address questions regarding CEQA; the environmental review process; and the findings of the
EIR analyses, as appropriate. The preparation of visual aids and handouts for the public hearings are not
included in this Scope of Work. This task assumes public hearings will be attended by the Project
Manager.
Additional public hearing attendance will be billed on a time -and -materials basis, based on hourly rates
and subject to prior approval.
Task 5.3 Deliverables
Attendance at two public hearings
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Scope of Work
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Harbor Pointe Senior
WORK SCHEDULE
HARBOR POINT SENIOR LIVING PROJECT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
August 25, 2016
This Scope of Work assumes an approximately 6.5 -month schedule for the EIR after the Notice to
Proceed is issued. BonTerra Psomas will work diligently and coordinate closely with the City and Project
Team to ensure the EIR is prepared efficiently, on time, and within budget. All tune -saving approaches,
including use of the existing screencheck IS/MND, will be utilized to speed up the schedule. However,
BonTerra Psomas will ensure that thn.e-saving approaches will not jeopardize the quality of the document.
The preparation of the NOP and support materials will be initiated upon attendance at the July 12, 2016
meeting with the City and Project Applicant. However, further work on EIR will be at the City's
direction; therefore, the following schedule provides estimated durations for each work effort.
Prepare NOP July 12 -July 15, 2016
Prepare Administrative Draft EIR
Week 1-4
City Review of Administrabve'Draft EIR'
Week 5 6
Prepare Screencheck Draft EIR
Week T8
City Review of Screencheck Draft EIR {2�d.and`final review)
Week 9 10
Prepare Draft EIR for Reproduction and Distribution
Week 11
Draft EIR 45 day Public Review Period
Week 1219
Prepare RTC
Week 20-22
City Review of the RT s.
Week 23 24
Prepare Findings of Fact and Statement of Overriding
Week 23-24
Considerations
Revise RTC and Prepare Final EIR
Week 25 26
City Review of the Findings of Fact and Statement of
Week 25-26
Overriding Considerations
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Work Schedule
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Harbor Pointe Senior Living Proiect
Finalize of the Findings of Fact and Statement of Overriding Week 27
Considerations
j',I rirE e li 1 r p til
Finalize and' Distribute RTC ?Week 28
Task 3: Mitigation Monitoring and Reporting Program
City Raview of Draft MMRP . Week 23-24 .
Submit Final MMRP Week 28
Task 4 Notice of DetermrnatiOn
Prepare Draft NOD Upon Final EIR Certification
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R:1ProjectsINEW�3NEW0031001SOWsISOW Harbor Pdrte EIR-082516.docx
Work Schedule
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Harbor Pointe Senior Living Project
EEE ESTIMATE
HARBOR POINT SENIOR LIVING PROJECT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
August 25, 2016
Task Description Fee
BonTerra Psomas Professional Fees
Task 1
Notice of Preparation/Scoping Meeting
$4,890.00'
Task 2
Environmental Impact Report
2.1 Administrative Draft EIR
$31,680.00
2.2 Screenchcck Draft EIR
$16,780.00
2.3 Draft EIR and Distribution for Public Review
$7,460.00
2.4 Response to Comments and Final EIR
$19,210.00
3.2 Findings of Facts and Statement of Overriding Considerations
$6,220.00
Task 3
Mitigation Monitoring and Reporting Program
$2,180.00
Task 4
Notice of Determination
$510,00
Task 5
Project Management, Meetings, and Public Hearings
5.1 Project Management
$8,360.00
5.2 Project Meetings
$3,280.00
5.3 Public Hearings
$7,240.00
Subtotal
BonTerra Psomas Professional Fees
$109,860.00
ESTIMATED DIRECT EXPENSES
Traffic Analysis for the Alternatives (Urban Crossroads) $2,500.00
Reproduction $600.00
Mailing $500.00
Mileage $100.00
Miscellaneous 5400.00
Subtotal Direct Expenses $4,100.00
TOTAL FEE ESTIMATE TASKS 1-4 $112,110.00
The fees associated with Task 1 are for the scoping meeting. The costs for the NOP were accommodated within
the existing budget.
Fee Estimate
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Harbor Pointe Senior Living Project
FEE ASSUMPTIONS FOR THE EIR
1. Modifications to the Project assumptions after the technical analysis has been initiated may require a
scope and budget augment.
2. No stand-alone technical documents will be provided for the following analyses:
Air Quality
Greenhouse Gas Emissions
Noise
3. Additional review cycles and/or revisions to the EIR may require a budget augment.
4. No Project meetings other than those outlined in this Scope of Work are assumed; additional meetings
and/or hearings can be attended on a time and materials basis.
5. Direct costs are based on best available information. Document submittals will be made
electronically, except as indicated above.
6. Delays in the schedule after the Project has been initiated may require a budget augment.
7. The additional traffic analysis is a qualitative evaluation of the alternatives and a limited number of
hours for responses to comments. No detailed traffic study will be provided.
8. Supporting design concepts for the alternatives will be provided by the applicant.
9. Cross-sections showing the height of the Project in relationship to surrounding uses will be provided
by the applicant.
.Fee Estimate
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Attachment B
Project Site Exhibit
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Attachment C
Current Professional Services Agreement
with Psomas
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AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS DBA BONTERRA PSOMAS FOR
PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR
THE HARBOR POINTE SENIOR LIVING PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 25th day of May, 2016
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and Psomas, a California corporation
doing business as ("DBA") BonTerra Psomas, whose address is 3 Hutton Centre Drive,
Ste. 200, Santa Ana, California 92707, and is made with reference to the following:
RECITALS
A. On March 30, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") for preparation of Initial Study/Mitigated Negative
Declaration (IS/MND) for the Harbor Pointe Senior Living Project in accordance
with the California Environmental Quality ACT ("CEQA") ("Project").
B. The parties desire to enter into this Amendment No. One to reflect modifications
to the Schedule of Billing Rates to the Agreement, as amended.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be amended in its entirety and replaced with the
Schedule of Billing Rates, attached hereto as Exhibit B-1 and incorporated herein by
reference. Any reference to Exhibit B in the Agreement shall hereafter refer to Exhibit
B-1 attached hereto.
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
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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: s /!S�
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By: t� (-6 r
Aaron C�Ffiarp,t
City Attorney
ATTEST: ra
Date:
By: 4&- -
Leilani I. Brown
City Clerk
u `Al
9L�F0�21v �
Attachments:
CITY OF NEWPORT BEACH,
a California mcipal corporation
Date:
By: 3/,'4qj0&-- (-by)
Dave
City Manager
CONSULTANT: Psomas, a California
corporation doing business as ("DBA")
BonTerra Psomas
Date: z//54 ,�'
Kathl en Brady, AICP
Vice President, /Environme al Planning
Date:
r
By: /
Pernior
n Patronite Kel y
Vice President/Principal
[END OF SIGNATURES]
Exhibit B -1 — Schedule of Billing Rates
Psomas DBA BonTerra Psomas Page 2
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EXHIBIT B-1
Psomas DBA BonTerra Psomas Page B-1
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ENVIRONMENTAL PLANNING AND RESOURCE MANAGEMENT
FEE SCHEDULE FOR THE CITY OF NEWPORT BEACH
HARBOR POINT SENIOR LIVING PROJECT
PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE
Principal -in -Charge
$210—S240
Technical Discipline Manager'
$160—$210
Senior Planner/Senior Project Manager
$130—$200
Principal Investigator of Archaeology or Paleontology
$120—$145
Senior Biologist/Senior Ecologist
$110—$165
Senior Restoration Ecologist
$125—$140
Project Manager
$120—$145
Air Quality/GHG/Noise Specialist
$125 — $135
Technical Analyst
$95—$125
Planner/Assistant Project Manager
S70—$115
Archaeologist/Paleontologist
$80—$120
Ecologist/Biologist
$90—$120
Field Monitor (depending on expertise)
$70—S130
Cultural Resources Technician
$65—$90
GIS Manager
$130
GIS Specialist
$100—$115
Graphic Artist
$100
Project Assistant
$80—$85
Technical Writer/Editor
$90—$100
Administrative Assistant
S75—$85
REIMBURSABLE COSTS
Mileage Federal Standard Mileage Rate
Reprographics (Outside) at cost plus 10%
Reprographics (Inside) Request Printing fee sheet
Other Out-of-pocket Expenses at cost plus 10%
Subconsultants at cost plus 10%
Plotting:
Field Maps $2.50 per sq ft
Display/Oversized/I'ligh Quality Graphics $10 per sq ft
Aerial Maps: Less than 500 acres $200
Aerial Maps: 500-1,500 acres $350
Aerial Maps: Greater than 1,500 acres $500
i Air Quality and Greenhouse Gas Emissions, Noise, Biological Resources, Regulatory Permitting,
Habitat Restoration, Cultural Resources, Water Quality
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BILLING RATES FOR URBAN CROSSROADS, INC. - SUBCONSULTANT
Position
Hourly Rates
Principal
$180 — 250
Senior Associate
$130 — 200
Associate
$100 — 150
Senior Analyst
$80 — 120
Analyst
$70 — 110
Assistant Analyst
$50 — 90
Administrative Support
$60 — 100
General
(1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance telephone
calls, travel, and traffic counts will be billed at cost plus ten (10) percent.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime
work, the above rates may be increased 50 percent.
(3) Client payment for professional services is not contingent upon the client receiving payment from other
parties.
(4) Billing statements for work will be submitted monthly.
10167-01 Proposal
O URBAN
CROSSROADS
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PROFESSIONAL SERVICES AGREEMENT
WITH PSOMAS DBA BONTERRA PSOMAS FOR
PREPARATION OF INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR
THE HARBOR POINTE SENIOR LIVING PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 30th day of March, 2016 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and PSOMAS, a California corporation doing business as BONTERRA
PSOMAS ("Consultant"), whose address is 3 Hutton Centre Drive, Suite 200, 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 for preparation of Initial Study/Mitigated
Negative Declaration (IS/MND) for the Harbor Pointe Senior Living Project in
accordance with the California Environmental Quality Act ("CEQA") ("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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services 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.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Eighty Five
Thousand Five Hundred Thirty Dollars and 00/100 ($85,530.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
Psomas DBA BonTerra Psomas Page 2
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Kathleen Brady to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department, Planning Division. City's Associate Planner or designee shall be the
Project Administrator and shall have the authority to act for City under this Agreement.
The Project Administrator shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
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perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
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.
Psomas DBA BonTerra Psomas Page 4
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit 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
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be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
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.
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17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
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
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
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: Benjamin Zdeba, Associate Planner
Community Development Department, Planning Division
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Kathleen Brady, AICP
Psomas DBA BonTerra Psomas
3 Hutton Centre Drive, Ste. 200
Santa Ana, California 92707
Psomas DBA BonTerra Psomas
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
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.
Psomas DBA BonTerra Psomas Page 9
7-36
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because 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]
Psomas DBA BonTerra Psomas Page 10
7-37
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: "?/�l/N
go
Aaron C. Har
City Attorney
ATTEST:
Date: ,�•-1�
By:
_4 � �
Leilani I. Brown
City Clerk
r�.
vi
C
'5ORNNP
Y
''A
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: '3 2°� Ito
By: -_
Dave,
City Manager
CONSULTANT: Psomas, a California
corporation doing business as BonTerra
Psomas
Date: ��a8�f(o
By:
Kat een Brady, AICP
Vice President, Environmental Planning
Date:
—S'j /(4
Senior Vice President/Princi
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Psomas DBA BonTerra Psomas
Page 11
7-38
SCOPE OF SERVICES
Psomas DBA BonTerra Psomas
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Harbor Pointe Senior Living Project
HARBOR POINT SENIOR LIVING PROJECT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
March 1, 2016
PROJECT UNDERSTANDING
The proposed Harbor Pointe Senior Living Project (hereinafter referred to as the "CenterPoint Project" or
the "Project") proposes development of a 144 -bed convalescent facility and congregate care home on an
approximate 1.5 -acre site. The Project site is located at 101 Bayview Place in Newport Beach, at the
northeast corner of the site. The site is bordered by Bristol Street on the northeast and Bayview Place on
the southeast. To the northwest and southwest, the site abuts single- and multi -family residential
developments.
As part of the proposed development, the existing single -story, approximate 8,800 -square -foot restaurant
and its associated surface parking lot would be demolished to accommodate the development of a 5 -story,
109,633 -square -foot, 144 -bed convalescent and congregate care facility with 1 level of subterranean
parking, which will include a total of 78 parking stalls. The proposed facility will include amenities such
as a fitness room, a spa/salon, an outdoor Memory Care garden, a water feature, and seating areas. The
proposed massing of the facility corresponds to adjacent uses (i.e., commercial along Bristol Street and
residential to the southwest of the Project site) to create compatibility with the adjacent uses.
The site is currently designated CO -G (General Commercial Office) and is part of the existing Bayview
Planned Community Development Plan (PC -32).
In order to accommodate development of the proposed Project, the following discretionary actions would
be required: (1) A General Plan Amendment (GPA) to change the land use designation from the existing
CO -G (General Commercial Office) to PI (Private Institutions); (2) a Planned Community Development
Plan Amendment to amend the existing Bayview Planned Community Development Plan (PC -32) to
increase the height and floor area and to change the land use limitations; (3) a Major Site Development
Review to allow the construction of over 20,000 square feet of nonresidential gross floor area; and (4) a
Conditional Use Permit to allow the establishment of a 144 -bed combined convalescent facility with
congregate care housing.
GENERAL ASSUMPTIONS
ENVIRONMENTAL ANALYSIS APPROACH
Based on the discussion with the City, BonTerra Psomas concurs that the proposed Project requires
preparation of an Initial Study and Mitigated Negative Declaration (IS/MND) as the appropriate CEQA
document. Therefore, this proposal presents a Scope of Work, cost, and schedule for an IS/MND, which
will be prepared in accordance with the California Environmental Quality Act (CEQA) (California Public
Resources Code, Sections 2100 et seq.) and the State CEQA Guidelines (California Code of Regulations,
Title 14, Section 15000 et seq.), and it will take into account the City's CEQA requirements and
specifications.
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Harbor Pointe Senior Living Proiect
TASK 1 PROJECT INITIATION
Task 1.1 Kick -Off Meeting
BonTerra Psomas will attend a kick-off meeting with the City of Newport Beach and Project Team
members, including Urban Crossroads. This meeting will provide an opportunity to discuss the approach
to preparing the environmental document and the technical analyses; to discuss and confirm the Scope of
Work; to identify and discuss the key community issues and concerns; and to identify informational
needs. The Project schedule will also be discussed at this meeting and key milestones will be defined.
BonTerra Psomas understands that the Applicant will provide updated Project information, if available,
including an updated Site Plan, prior to this meeting.
If requested by the City, BonTerra Psomas will prepare and electronically submit the Meeting Minutes
from the Kick-off Meeting to the City for review and comment. Upon receipt of comments, the Meeting
Minutes will be revised and submitted electronically to the City for distribution.
Task 1.1 Deliverables
ta Electronic copies of Draft and Final Meeting Minutes (if requested)
Task 1.2 Data Collection and Site Visit
BonTerra Psomas will prepare a Data Needs Request to obtain data related to Project construction
activities and operations that are needed for the respective technical analyses. Work can typically proceed
on those tasks that are not dependent on forthcoming information. Additionally, BonTerra Psomas will
review existing City documents, including but not limited to the City of Newport Beach General Plan, the
2006 General Plan EIR, the Bayview Planned Community Development Plan (PC -32), the Newport Beach
Municipal Code, and other pertinent documents.
BonTerra Psomas will also conduct a Project site visit to assist in the description of the environmental
setting and to photographically document the site and surrounding area.
Task 1.2 Deliverables
a Data Needs Request
Task 1.3 Proiect Description
BonTerra Psomas will prepare an in-depth and detailed Project Description, appropriate for an IS/MND.
The Project Description will be created based on the following Project information to be provided by the
City and/or Project Applicant:
A specific recommendation on the modification to the General Plan, including any text or policy
modifications that may be requested.
* A specific recommendation associated with a required zone change to allow any modification to
zoning requirements, including a height increase.
Approved Project Objectives from the City, presumably developed with input from the Project
Applicant.
An updated Project Site Plan, including building elevations; parking numbers and locations; and
anticipated architectural style and density.
Specific revisions to the text of the Bayview Planned Community Development Plan (PC -32),
including the Development Standards.
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Harbor Pointe Senior
A tract map demonstrating that the building location complies with required setbacks and internal
circulation plans.
A Grading Plan, including earthwork quantities, site cross-sections, and import/export locations,
if available.
An updated hydrology -reflecting development concept that provides sufficient detail on how
water retention/detention will be addressed on the site and for the CEQA analysis.
The Preliminary Water Quality Management Plan (WQMP),
The updated Conceptual Landscape Plan.
A list of amenities the development will have.
Input on the anticipated permits and approvals required for all aspects of the Project.
® Any other features unique to the Project that would serve to minimize environmental impacts
(such as sustainability components) or that are integral to the analysis of the environmental
impacts.
Additionally, BonTerra Psomas will research and gather data that will serve to provide the setting
information for the Project Description.
Upon completion of the Project Description, an electronic copy will be submitted to the City for review.
The Project Description will be revised to address comments received by the City and will be submitted
back to the City for a final review and approval prior to distribution to the Project Team.
Task 1.3 Deliverables
0 One electronic copy each of the Draft and Final Project Description
TASK 2 TECHNICAL STUDIES/ANALYSES
Based on discussions with the City, multiple technical analyses will be prepared to support the findings in
the environmental document. In order to streamline the technical evaluation, the air quality, noise,
greenhouse gas (GHG) emissions, and cultural resources evaluations will be incorporated directly into the
environmental analysis sections rather than be standalone technical reports. The support materials,
including the computer model runs, will be included as appendices to the environmental document. This
approach can be discussed at the kick-off meeting (Task 1.1).
Additionally, we understand that a number of stand-alone studies have been prepared by the Applicant's
subconsultants, and these include a Visual Simulation Study, a Preliminary Water Quality Management
Plan (WQMP), a Geotechnical Analysis, and a Phase 1 Environmental Site Assessment (ESA).
Based on discussions with the City, even though we understand that Project traffic will result in a net
reduction in trips over the existing condition, we have retained the services of Urban Crossroads to
analyze Project traffic and prepare a Letter Report summarizing their findings. Their proposed scope of
work is included in this section.
Task 2.1 Aesthetics
Shade and Shadow Analysis
BonTerra Psomas will conduct a Shade and Shadow study to assess the potential impacts on the adjacent
residential uses to the southwest of the site. In preparation of the study, BonTerra Psomas will request the
following data from the Applicant:
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Harbor Pointe SeniorLiving Project
Topographic contours of the Project site and surrounding area in ESRI Shapefile or AutoCAD
Drawing File Format
Architectural plans of the proposed Project in AutoCAD Drawing File Format, including detailed
roofline elevations for proposed structures
Architectural elevation profiles/cross-sections for all proposed buildings in Portable Document
Format (.pdf)
Building footprints of existing structures adjacent to the Project in AutoCAD Drawing File
format or ESRI Shapefile format along with roofline elevations of these structures
BonTerra Psomas will conduct a site visit (Task 1.2) to gather any additional information, as appropriate.
Subsequently, the proposed structures and surrounding existing structures will be digitally modeled in
three dimensions and overlaid on real world topography.
BonTerra Psomas will prepare one shade and shadow analysis for the spring/fall equinoxes, and two
analyses for the summer/winter solstices. Three points in time on each day will be analyzed (e.g.,
morning, noon and dusk) resulting in a total of nine shade/shadow models. Upon completion of the
analysis, BonTerra Psomas will prepare maps and exhibits, including one top-down view of the proposed
shade and shadows for each of the nine models (resulting in nine maps).
Task 2.2 Air Oualitv Technical Analvsis
BonTerra Psomas will request information (as part of a Data Needs Request Form, see Task 1.2) related
to descriptions of structures and paving to be demolished; structures and parking to be built; construction
start and completion dates; phasing; anticipated soil export and import; and other construction -related
Project data. Operational data requested will include anticipated project features, such as demands for
natural gas and other features that would reduce mobile source emissions (e.g., preferred parking or
charging stations for alternative -fuel vehicles) and conserve energy. BonTerra Psomas will calculate the
existing criteria pollutant emissions, proposed Project demolition and construction emissions, and
proposed Project operational criteria pollutant regional (mass) emissions using the latest California
Emissions Estimator Model (CaIEEMod) and in accordance with South Coast Air Quality Management
District (SCAQMD) guidelines. Exposure of adjacent receptors to criteria pollutants generated on the
Project site will be analyzed using the SCAQMD's Localized Significance Thresholds method. It is
expected that a screening calculation will demonstrate that the Project would not cause severe congestion
at a major intersection that could result in a local carbon monoxide "hotspot"; therefore, no dispersion
modeling is included in this Scope of Work. Exposure to toxic air contaminants and odors will be
addressed qualitatively, Additionally, the analysis will include a determination of Project conformity with
the SCAQMD's Air Quality Management Plan. If potential significant impacts are identified, BonTerra
Psomas will recommend appropriate mitigation measures. Supporting calculations will be included as
attachments to the environmental document.
Task 2.3 Greenhouse Gas Emissions Technical Analysis
As part of the Data Needs Request Form (see Task 1.2), operational data requested will include
anticipated demands for electricity and water; Project features that would conserve energy and water;
waste recycling plans; sustainability features; anticipated Project population of the convalescent home
residents and employees; and other data relative to GHG emissions. BonTerra Psomas will calculate the
existing criteria pollutant and net changes in tree and plant quantities. BonTerra Psomas will calculate
existing, proposed Project demolition and construction, and proposed Project operational GHG emissions
using CalEEMod. The method of assessing significance for quantitative GHG emissions will be based on
criteria used by the City of Newport Beach on similar projects. Significance will also be assessed by
considering whether implementation of the Project would conflict with an applicable plan, policy, or
regulation adopted for the purpose of reducing the emissions of GHGs, including State, regional, and City
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Harbor Pointe Senior
plans. BonTerra Psomas will consult with City staff to determine if analysis and discussion related to the
recent Center for Biological Diversity v. Department of Fish and Wildlife (Newhall Land and Farming
Company) decision would be included in the GHG analysis. If potential significant impacts are identified,
BonTerra Psomas will recommend appropriate mitigation measures. Supporting calculations will be
included as attachments to the environmental document.
Task 2.4 Noise Technical Analysis
BonTerra Psomas will request information (as part of the Data Needs Request Form, see Task 1.2) related
to demolition and construction methods and phasing; export and import of soil and other materials;
heating, ventilating, and air conditioning equipment; window types; and other Project data related to noise
impacts. BonTerra Psomas will visit the Project site to identify existing noise sources and noise -sensitive
receptors and to determine existing noise levels at existing and proposed sensitive receptor locations. It is
estimated that approximately 5 short-term (20 to 30 minute) and 1 long-term (more than 24 hours)
measurements will be made.
BonTerra Psomas will analyze noise and vibration impacts from demolition, construction, and occupancy
of the proposed Project on existing sensitive receptors and noise level increases in the Project area from
Project -generated traffic, based on the findings of the Traffic Study (see Task 2.5). The analysis will
determine required mitigation for noise impacts to meet City of Newport Beach General Plan and
Municipal Code noise standards.
Task 2.5 Traffic Study
BonTerra Psomas' subconsultant Urban Crossroads will evaluate and analyze the proposed Project's
potential transportation -related impacts. As part of this evaluation, Urban Crossroads will coordinate with
the City to refine the following scope of work, if necessary. The traffic data will also provide the basis for
the air quality and noise technical analyses. Upon completion of their assessment, BonTerra Psomas will
incorporate the findings of the Traffic Study in the environmental document. The following will be
accomplished:
1. Prepare an estimate of vehicle trips associated with the existing 8,800 -square -foot restaurant
based on the appropriate Institute of Transportation Engineers (ITE) Trip Generation 9a' Edition
(2012) trip generation rates.
2. Prepare an estimate of Project -related vehicle trips based on the appropriate ITE Trip Generation
9`" Edition (2012) trip generation rates.
3. Evaluate whether the anticipated net new trip generation is sufficient to require a more detailed
traffic study in accordance with City of Newport Beach requirements (Traffic Phasing Ordinance
[TPO]).
4. Prepare a Letter Report with the results of the trip generation assessment.
BonTerra Psomas will review the Letter Report and incorporate the findings into the environmental
document. The Letter Report will be included as an appendix to the environmental document. While it is
not anticipated that the proposed Project will result in increased trips over the existing condition, should
the evaluation performed by Urban Crossroads conclude otherwise, a scope of work for a more detailed
traffic study will be presented to the City with a budget augment request.
Task 2.5 Deliverables
m One hard copy and one electronic copy each of the Draft and Final Traffic Study.
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Harbor Pointe Senior
TASK 3 INITIAL STUDYIMITIGATED NEGATIVE DECLARATION
Task 3.1 Preparation of Initial Study
BonTerra Psomas will prepare a Draft Initial Study (IS) for review by the City and the Project Applicant,
using the City's CEQA checklist form.' In compliance with Section 15063 of the State CEQA Guidelines,
the IS will contain a description of the Project; the location of the Project site; a discussion of the
environmental setting; an identification of the Project's potential environmental effects; and a discussion
of any required mitigation.
The discussion of the environmental setting will be based on a review of existing literature, including the
City's General Plan and General Plan EIR; the Bayview Planned Community Development Plan (PC -32);
technical studies provided by the City and/or Project Applicant; review of aerial photographs; and a site
visit. The environmental analysis will include an explanation for all checklist responses to provide an
understanding of how the IS conclusions were reached. Applicable mitigation measures from relevant
documents will be identified and Project -specific mitigation will be developed for impacts that are
determined to be significant.
The following discussion describes the work effort to be undertaken to assess the potential environmental
effects relative to each topical issue and to address Project -specific impacts.
Aesthetics
This topic will be evaluated in the Project EIR due to proposed changes to the visual quality and character
of the site. The potential visual changes in light of the proposed approximate five -story convalescent
facility will be assessed in comparison to the existing views of the site, which includes a single -story
restaurant and associated surface parking. The analysis will include an assessment of the anticipated
effects on public viewsheds and the potential degradation of the visual character associated with the
proposed Project. The Shade and Shadow Study (described above under Task 2.1) and Applicant -
prepared Visual Simulations will be used and incorporated into the discussion and analysis. Additionally,
potential impacts emanating from the changed light and glare associated with the proposed facility will be
analyzed. If potential significant impacts are identified, BonTerra Psomas will recommend mitigation
measures to address those impacts.
Agriculture and Forest Resources
The proposed Project site is designated as Urban and Built-up Land on the California Department of
Conservation's Orange County Important Farmland Map. The site is developed and not used or zoned for
agricultural purposes; it is not subject to a Williamson Act Contract; and it does not contain Prime
Farmland or Farmland of Statewide Importance. Additionally, no forest land occurs on the Project site or
in the surrounding area. The IS will contain a statement identifying the site's lack of agricultural and
forest resources.
Air Quality
The BonTerra Psomas Air Quality specialist will prepare a detailed and thorough Air Quality analysis,
based on the approach described under Task 2.2, in the Air Quality section of the IS. If potential
significant impacts are identified, BonTerra Psomas will recommend appropriate mitigation measures.
The supporting model runs will be included as an appendix.
It is acknowledged that amendments to the Transportation section of Appendix G, the Environmental Checklist
Form, have been proposed and are currently in public review; the Checklist Form to be used will not reflect the
proposed amendments to the Form.
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Harbor Pointe Senior Living Project
Biological Resources
Based on review of the aerial photograph and a site visit, the proposed Project site is fully developed with
a single -story restaurant and surface parking lot. The site lacks any type of sensitive habitat and
associated plant and animal species. The existing vegetation on the site includes ornamental plants and
trees at the perimeter of the site and on the surface parking lot. This topic will be fully analyzed in the
Initial Study. The IS will contain a statement identifying the site's lack of biological resources. No
surveys are assumed in this Scope of Work.
Cultural Resources
The proposed Project site is fully developed with an existing single -story restaurant and associated
surface parking lot. Although the existing structure on the site is not considered historic, any grading and
excavation activities into native soils could result in disturbance to unknown archaeological and
paleontological resources. A cultural resources records search at the South Central Coastal Information
Center (SCCIC) at California State University, Fullerton will be conducted to identify cultural resources
and studies on or in the vicinity of the Project site. Additionally, a records search for paleontological
resources will be conducted by staff at the Natural History Museum of Los Angeles County to determine
if fossil -bearing sediments and/or fossil localities are on or near the site. The results of the records
searches will be incorporated in the IS. This Scope of Work does not include a pedestrian field survey of
the site or a formal written report.
The Project is subject to Assembly Bill (AB) 52, which requires lead agencies to consult with California
Native American Tribes that request such consultation prior to the agency's release of a Notice of
Preparation (NOP) of an EIR or notice of an MND or Negative Declaration (ND). Significant impacts to
Tribal cultural resources are considered significant impacts to the environment. Based on discussions with
the City, it is understood that the City has already initiated consultation and sent letters to the tribes.
AB 52 allows Tribes 30 days after receiving notification to request consultation. BonTerra Psomas will
summarize the results of the AB 52 process in the IS.
Additionally, given that the Project involves a General Plan Amendment, it is also subject to the statutory
requirements of Senate Bill (SB) 18. If the City has not initiated the SB 18 consultation process, this
Scope of Work assumes that BonTerra Psomas will assist the City in that process. BonTerra Psomas will
request a Sacred Lands File Search and Tribal contacts list (for SB 18) from the Native American
Heritage Commission and will send letters to tribes on behalf of the City to ensure a good -faith effort of
participation. Additional consultation, including telephone calls and meetings, is not part of this Scope of
Work; however, if requested, BonTerra Psomas can assist the City with additional consultation subject to
a budget augment.
Geology and Soils
Based on the discussion with the City, this Scope of Work assumes that a Geotechnical Report will be
prepared by the Applicant's subconsultant and provided to BonTerra Psomas. It is assumed that the study
will be prepared consistent with CEQA requirements and will address the potential for impacts associated
with seismic activity and site-specific soils/geotechnical conditions. It is assumed that the information
provided will be sufficient to address the related CEQA checklist questions and that no mitigation beyond
compliance with standard building requirements is necessary. The findings of the study will be
summarized into the IS, and the report will be included as an appendix to the document.
Greenhouse Gas Emissions
The BonTerra Psomas Air Quality and GHG specialist will prepare a detailed and thorough GHG
analysis, based on the approach described under Task 2.3, in the GHG section of the IS. If potential
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Scope of Work
Harbor Pointe Senior Livink Proiect
significant impacts are identified, BonTerra Psomas will recommend appropriate mitigation measures.
The supporting materials will be included as an appendix.
Hazards and Hazardous Materials
This Scope of Work assumes that a Phase I Environmental Site Assessment (ESA) will be provided by
the Applicant and provided to BonTerra Psomas for incorporation into the IS. The findings of the ESA
will be summarized in the IS, as appropriate. Should the ESA identify any hazardous materials sites on or
in proximity to the Project site, further evaluation of the potential for public exposure to hazardous
materials may be needed. It is assumed that any further evaluation will be conducted by other Project
team members with the appropriate technical expertise. BonTerra Psomas will also address other checklist
questions (e.g., airport hazards and fire hazards) substantiating why no impacts are expected. Mitigation
measures will be developed as necessary. The Phase I ESA will be included as an appendix to the
document.
The Project site is within the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA)
and within the AELUP height restriction zone. This issue will be analyzed in the environmental
document. BonTerra Psomas will fully analyze the proposed Project's height for consistency with the
AELUP in the Hazards and Hazardous Materials section of the document. While it is unlikely that the
proposed 66 -foot -high structure would penetrate an imaginary surface (see the Federal Aviation
Regulations [FAR], Part 77, Imaginary Surfaces, including Primary, Approach, Horizontal, Conical, and
Transitional), the building could potentially interfere with a navigation aid, which would also constitute
an obstruction to safe navigation.
In order to determine and establish the proposed Project's consistency with applicable regulations, the
Project Applicant is responsible for requesting an obstruction evaluation from the Federal Aviation
Administration (FAA). Though JWA staff will often provide an informal evaluation of building height, a
formal assessment from FAA is required. If requested, BonTerra Psomas can electronically file on behalf
of the Project Applicant, using the Notice Criteria Tool on the FAA's website. This can be done on a time
and material basis. This task usually requires nominal effort but approximately 90 days should be
allowed. It is recommended that this information be obtained prior to the distribution of the Draft EIR for
public review to provide a more complete assessment.
A request for consistency with the AELUP will be filed with the Airport Land use Commission (ALUC),
per Section 4.7, Submittal Requirements, of AELUP. Even though it is assumed that the consistency
determination request would be filed by the Project Applicant and the determination provided to
BonTerra Psomas, if requested by the City and the Project Applicant, BonTerra Psomas can file the
consistency notice for the Project.
Hydrology/Drainage and Water Quality
Based on discussions with the City, this Scope of Work assumes that a Preliminary WQMP will be
prepared by the Applicant and provided to BonTerra Psomas for review and incorporation into the EIR.
Additionally, it is assumed that information related to drainage and hydrology will be provided by the
Applicant and analyzed in the IS. The analysis will include an assessment of the pre- and post -
development conditions; the available capacity of existing infrastructure; and potential impacts related to
storm drainage and changes to the groundwater supplies. It is assumed that the information will be
sufficient to address the CEQA checklist questions. The WQMP should identify tributaries, impaired
waters, and pollutants of concern. It should also identify whether the total maximum daily load standards
have been established; the storm water rate and volume that dictates the Best Management Practices
(BMPs) proposed and sizing; and the potential for hydrologic conditions of concern. This data will be
incorporated into the IS, and the said report will be included as an appendix to the document. If potential
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Harbor Pointe Senior Living Project
significant impacts are identified, BonTerra Psomas will work with the Project Engineer to recommend
mitigation measures to address those impacts.
Land Use/Plannin
BonTerra Psomas will describe the existing on-site and surrounding land uses based on a site visit (Task
1.2); review of aerial photographs; and information provided in existing land use policies, plans, and
documents. Additionally, the Project proposes an amendment to the Bayview Planned Community
Development Plan (PC -32) to address height and floor area modification and land use limitations. The
land use section of the IS will include a full analysis of the amendment. Additionally, the proposed
General Plan Amendment (GPA) changing the land use designation from CO -G (General Commercial
Office) to PI (Private Institutions) will be discussed and analyzed. Moreover, BonTerra Psomas will
evaluate the proposed Project's consistency with relevant local planning documents, including the
Southern California Association of Governments' (SCAG's) regional planning documents, the City of
Newport Beach General Plan policies, and other relevant policy documents. If potential significant
impacts are identified, BonTerra Psomas will recommend mitigation measures to address those impacts.
Mineral Resources
According to the City of Newport Beach, there is no active mining in the area, other than oil and gas
resources. The proposed Project does not contain any mineral resources and no mineral resource
extraction activities occur on the Project site. BonTerra Psomas will provide a statement in the IS
identifying that the Project site does not contain any known mineral resources and will not impact mineral
resources.
Noise
The BonTerra Psomas Noise specialist will prepare a detailed and thorough noise analysis, based on the
approach described under Task 2.4, in the Noise section of the IS. If potential significant impacts are
identified, BonTerra Psomas will recommend appropriate mitigation measures. The supporting materials
be included as an appendix.
Population and Housine
The proposed Project will include a 144 -bed combined convalescent facility and congregate care home
that will replace the existing restaurant on the site. BonTerra Psomas will evaluate the direct and indirect
potential impacts that the Project could have on population, housing, and employment forecasts, using the
latest demographic data available for the Project area. Though the Project would not be expected to have
any impacts, the analysis would include a discussion of the Orange County Preferred (OCP) 2014
Projections, SCAG documents, the City of Newport Beach General Plan, and other relevant documents. If
potential impacts are identified, BonTerra Psomas will recommend mitigation measures to address those
impacts.
Public Services
Implementation of the proposed Project may have potential to increase the demand for public services
(fire and police). Potential effects associated with implementation of the proposed Project can be related
to the provision of adequate service levels and the need to upgrade and/or provide additional facilities to
serve the proposed Project. BonTerra Psomas will coordinate with service providers to identify existing
public service facilities and to determine whether the proposed Project can be adequately serviced without
any increase in personnel or expansion of existing resources (including facilities). If potential impacts are
identified, BonTerra Psomas will recommend mitigation measures to address those impacts.
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Harbor Pointe Senior Living Project
Recreation
The proposed Project will include a 144 -bed combined convalescent facility and congregate care
home that will replace the existing restaurant on the site. Due to the nature of the use, the IS/MND
will state that the Project will not result in increased demand for recreational facility or impact on
existing facilities.
Transportation/Traffic
As discussed in Task 2.5, Urban Crossroads will prepare a Letter Report for the proposed Project based
on an evaluation of the proposed Project trips and in coordination with the City. The Letter Report will be
summarized and incorporate into the Transportation/Traffic section of the IS. The Traffic Letter Report
will be included as an appendix in the document.
Utilities and Service Svstems
It is assumed that utility infrastructure plans and studies, including identification of required upgrades to
serve the Project, will be provided by the Project Engineer. The preparation of a Water Supply
Assessment (WSA) for the proposed Project is not required, as the Project proposes a 144 -bed combined
convalescent facility and congregate care home and would not exceed the threshold of 500 residential
units for preparation of a WSA. The proposed Project's construction and operational impacts on water
supply, sewers, and storm drains will be analyzed in the IS. BonTerra Psomas will coordinate with
applicable wet and dry utility providers to obtain information regarding existing capacity, supply, and
future demand from the proposed Project. If potential significant impacts are identified, BonTerra Psomas
will recommend mitigation measures to address those impacts.
Task 3.1 Deliverables
Electronic copies of Draft and Final IS (2 submittals)
Task 3.2 Preparation of the Initial Studv/Miti2ated Nenative Declaration for Distribution
Following review of the Draft IS, BonTerra Psomas will revise the IS to incorporate comments received.
This task anticipates that comments received would require only one set of revisions. BonTerra Psomas
will resubmit the document to the City for final approval prior to distribution. Concurrent with
preparation of the revised IS, BonTerra Psomas will prepare the necessary documentation for the MND,
which will include a proposed finding that the Project will not have a significant effect on the
environment with implementation of mitigation. The MND will be submitted to the City for review
with the revised IS before being prepared for distribution. It should be noted that one round of review by
the City is assumed for the IS/MND. Upon incorporation of the comments and revising the IS/MND,
BonTerra Psomas proposes a "page -turn" session with the City staff to receive the final approval from the
City prior to circulation. This will facilitate the expedited schedule.
A 30 -day public review period is assumed in this Scope of Work. Fifteen CDs of the IS/MND, the Notice
of Intent (NOI), and the State Clearinghouse (SCH) Notice of Completion (NOC) will be submitted to the
SCH to start the 30 -day review period. The notice that the City intends to adopt an MND will be
submitted to the County Clerk and will be provided to the public. This notice is required to be published
in local newspapers or, at a minimum, posted at the Project site. It is assumed that BonTerra Psomas will
prepare the notice, but the City will post it at the Project site and submit it to the newspaper for
publication.
In addition to submittal to the SCH, electronic copies of the final IS/MND will be submitted to City staff
members and decision makers. Electronic files of the IS/MND will also be provided on CDs (up to 20) for
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Harbor- Pointe Senior
public distribution. BonTerra Psomas will coordinate the reproduction and distribution effort using a
distribution list to be provided by the City.
Task 3.2 Deliverables
74 Electronic copies of Draft and Final IS/MND
Distribution of up to 15 electronic copies (CDs) of the IS/MND to the SCH
Distribution of up to 20 electronic copies (CDs) of the IS/MND to the public
0 Electronic copies ofNOI and NOC
Task 3.3 Preparation of the Final Initial Study/Mitigated Negative Declaration and Related
Documents
Once the public review period has ended, BonTerra Psomas will coordinate with the City to review the
comments received and to develop an approach on how to respond to the comments. Preparation of
responses to comments on an IS/MND is not required, but recommended to assist the City in the decision-
making process. All environmental comments on the IS/MND will receive responses. Topical responses
will be used if multiple comments are received on the same issue and will be included with a brief
summary of the response that will refer back to the main response. This will allow a more complete
response without undue repetition. The Response to Comments (RTC) document will be submitted to the
City for review and then revised based on comments received and transmitted to the City. The decision-
making body of the Lead Agency must consider the proposed MND together with any comments received
during the public review process. A total of 30 hours of technical staff time are assumed for preparation
of the RTC document. Should a large number of comments be received, the estimated budget for
completing the RTC document may need to be revised and a budget augment requested. One round of
review by the City staff is assumed for the Final IS/MND.
Task 3.3 Deliverables
M Electronic copies of Final IS/MND
N Electronic copies of the RTC
TASK 4 MITIGATION MONITORING AND REPORTING PROGRAM
In compliance with Section 21081.6 of the California Public Resources Code, BonTerra Psomas will
prepare a Mitigation Monitoring and Reporting Program (MMRP) as part of the Final EIR document and
for adoption at the time of the Final EIR. The MMRP will be prepared in matrix format and will provide
the timing and responsibility for each mitigation measure. A Draft MMRP will be electronically
submitted for review by the City. Upon receipt of comments from the City, BonTerra Psomas will revise
the MMRP to address the comments and submit a revised Final MMRP to the City.
If the Planning Commission or City Council modifies the Project and/or recommends SCs/mitigation
measures for the proposed Project, BonTerra Psomas will revise the MMRP. However, substantial
modifications are not assumed in the fees for this Project.
Task 4 Deliverables
0 Electronic copies of Draft and Final MMRP
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Scope of Work
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Harbor Pointe Senior
TASK 5 NOTICE OF DETERMINATION
BonTerra Psomas will prepare the Notice of Determination (NOD) for the Project, which will be signed
by the City upon certification of the EIR and action on the Project. BonTerra Psomas will file the NOD
with the County Clerk and the State Clearinghouse. It is assumed that the Applicant will provide
BonTerra Psomas with a check for payment of the California Department of Fish and Wildlife filing fees
and County Clerk Recorder processing fee at the time the NOD is filed.
Task 5 Deliverables
m One electronic copy of the NOD for signature
a One electronic copy of the NOD stamped as having been filed with the County Clerk
TASK 6 PROJECT MANAGEMENT, PROJECT MEETINGS, AND PUBLIC HEARINGS
Task 6.1 Project Management
BonTerra Psomas will be responsible for managing the CEQA process for the City. This includes ongoing
coordination with the City and team members to ensure compliance with the Scope of Work and schedule
and to ensure that information is disseminated, as necessary. This Scope of Work assumes an
approximately 6 -month schedule for the IS/MND.
Task 6.2 Project Meetings
This task includes attendance at three coordination meetings for the IS/MND with City staff and Project
Team members, as necessary (in addition to the Project Kick -Off meeting discussed in Tasks 1.1). This
Scope of Work assumes that the Project Manager and Assistant Project Manager will attend all meetings
(three hours each, which includes preparation and travel time).
Additional meeting attendance will be billed on a time and materials basis, based on hourly rates and
subject to prior approval.
Task 6.2 Deliverables
m Four meetings with the City staff members and the Project Team
Task 6.3 Public Hearings
In addition, BonTerra Psomas will attend up to two public hearings, including Planning Commission and
City Council meetings. BonTerra Psomas will be available to make presentations and/or provide advice
and input to the City and address questions regarding CEQA; the environmental review process; and the
findings of the EIR analyses, as appropriate. The preparation of visual aids and handouts for the public
hearings are not included in this Scope of Work. This task assumes public hearings will be attended by
the Project Manager.
Additional public hearing attendance will be billed on a time -and -materials basis, based on hourly rates
and subject to prior approval.
Task 6.3 Deliverables
Attendance at two public hearings
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Scope of Work
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Harbor Pointe Senior Living Project
WORK SCHEDULE
This Scope of Work assumes an approximately 6 -month schedule for the IS/MND. BonTerra Psomas will
work diligently and coordinate closely with the City and Project Team, including Urban Crossroads to
ensure the IS/MND is prepared efficiently, on time, and within budget. All time -saving approaches,
including use of the existing information, will be utilized to speed up the schedule. However, BonTerra
Psomas will ensure that time -saving approaches will not jeopardize the quality of the document.
The Project will be initiated upon award of contract and after attendance at the Project kick-off meeting
(see Task 1.1). Preparation of the Project Description will start upon receipt of requested information
(Task 1.2) from the City and Project Applicant. Based on discussions with the City, we assume the
Project will be kicked off during the last week of March, and March 28, 2016 is assumed as the date for
the Project kick-off meeting.
Kick-off Meeting March 28, 2016
Data Collection and Site Visit March 28 -April 1, 2016
Project Description April 4 - April 8, 2016
City review of the Draft Project Description April 11- April 14, 2016
Prepare Final Project Description April 18 to April 20, 2016
Review of Technical Studies provided by Applicant I April 25 - April 29, 2016
Preparation of Technical Studies/Analyses
April25 - May 13, 2016
City review and approval of Traffic Analysis
May 16 - May 20, 2016
Task 3: Initial Study/Mitigated Negative Declaration
Prepare Draft IS
April 25 - June 3, 2016
City Review'of Draft IS
June 6 - June 17, 2016
Revise and Prepare Draft IS/MND
June 20 - July 1, 2016
Final Review- Page -Turn
July 5 - July 8, 2016
Finalize IS/MND for Reproduction and Distribution
July 11- July 15, 2016
IS/MND 30 -day Public Review Period
July 18 - August 18, 2016
Preparation of Final IS/MND and Responses to Comments August 15 - August 26, 2016
City Review of the Responses to Comments August 29 - September 2 2016
Final Review- Page -Turn September 5 - September 9, 2016
Finalize IS/MND and Responses to Comments September 12 - September 16, 2016
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Scope of Work
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Harbor Pointe Senior
Task 4: Mitigation Monitoring and Reporting Program
City Review of Draft MMRP
September 7 — September 9, 2016
Finalize MMRP
September 12 — September 16, 2016
Task 5: Notice of Determination
Prepare Draft NOD
Upon IS/MND Certification
City Review of Draft NOD
TBD
Finalize and file NOD
TBD
Task 6: Project Management, Meetings, and Public Hearings
Project Management
Project Kick -Off to Project Completion'
Project Meetings
Three Meetings (TBD)
Technical Studies provided by the Project Applicant include a Visual Simulation Study, a Geotechnical Study, Phase I
Environmental Site Assessment, and a Water Quality Management Plan.
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Scope of Work
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Harbor Pointe Senior Living Project
FEE ESTIMATE FOR HARBOR POINTE SENIOR LIVING PROJECT
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
Task Description Fee
BonTerra Psomas Professional Fees
Task 1 Project Initiation
1.1 Kickoff Meeting
$2,000.00
1.2 Data Collection and Site Visit
$2,800.00
1.3 Project Description
$2,350.00
Task 2 Technical Analyses
$600.00
2.5 Traffic Study
$2,800.00
Task 3 Initial Study/Mitigated Negative Declaration
$3,350.00
3.1 Preparation of the IS
$42,450.00
3.2 Preparation of the IS/MND for Distribution
$4,730.00
3.3 Preparation of the Final IS/MND and
Related Documents
$9,270.00
Tasks 4 and 5 Mitigation Monitoring and Reporting
Program and Notice of Determination
$1,580.00
Task 6 Project Management, Meetings, and Public
Hearings
6.1 Project Management
$6,920.00
6.2 Project Meetings
$2,820.00
6.3 Public Hearings
$4,460.00
Subtotal Professional Fees
$82,180.00
ESTIMATED DIRECT EXPENSES
Reproduction
$1,500.00
Mailing
$500.00
Mileage
$250.00
Record Search
$600.00
Miscellaneous
$500.00
Subtotal Direct Expenses
$3,350.00
TOTAL FEE ESTIMATE TASKS 1-6 $85,530.00
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Harbor Pointe Senior Living Project
FEE ASSUMPTIONS FOR THE IS/MND
1. Modifications to the Project assumptions after the technical analysis has been initiated may require a
scope and budget augment.
2. No stand-alone technical documents will be provided for the following analyses:
e Air Quality
N Greenhouse Gas Emissions
d Noise
3. Additional review cycles and/or revisions to the IS/MND may require a budget augment.
4. No Project meetings other than those outlined in this Scope of Work are assumed; additional meetings
and/or hearings can be attended on a time and materials basis.
5. Direct costs are based on best available information. Document submittals will be made
electronically, except as indicated above.
6. Delays in the schedule after the Project has been initiated may require a budget augment.
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Scope of Work
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I*mv I I -ml k i =�
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ENVIRONMENTAL PLANNING AND RESOURCE MANAGEMENT
FEE SCHEDULE FOR THE CITY OF NEWPORT BEACH
HARBOR POINT SENIOR LIVING PROJECT
PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE
Principal -in -Charge
$210—$240
Technical Discipline Manager'
$160—$210
Senior Planner/Senior Project Manager
$130—$200
Principal Investigator of Archaeology or Paleontology
$120—$145
Senior Biologist/Senior Ecologist
$110—$165
Senior Restoration Ecologist
$125—$140
Project Manager
$120—$145
Air Quality/GHG/Noise Specialist
$125—$135
Technical Analyst
$95—S125
Planner/Assistant Project Manager
$90—$115
Archaeologist/Paleontologist
$80—$120
Ecologist/Biologist
$90—$120
Field Monitor (depending on expertise)
$70—$130
Cultural Resources Technician
$65—$90
GIS Manager
$130
GIS Specialist
$100—$115
Graphic Artist
$100
Project Assistant
$80—$85
Technical Writer/Editor
$90—$100
Administrative Assistant
$75—$85
REIMBURSABLE COSTS
Mileage Federal Standard Mileage Rate
Reprographics (Outside) at cost plus 10%
Reprographics (Inside) Request Printing fee sheet
Other Out-of-pocket Expenses at cost plus 10%
Subconsultants at cost plus 10%
Plotting:
Field Maps $2.50 per sq ft
Display/Oversized/High Quality Graphics $10 per sq ft
Aerial Maps: Less than 500 acres $200
Aerial Maps: 500-1,500 acres $350
Aerial Maps: Greater than 1,500 acres $500
Air Quality and Greenhouse Gas Emissions, Noise, Biological Resources, Regulatory Permitting,
Habitat Restoration, Cultural Resources, Water Quality
7-57
BILLING RATES FOR URBAN CROSSROADS, INC. - SUBCONSULTANT
Position
Hourly Rates
Principal
$180 — 250
Senior Associate
$130 — 200
Associate
$100 — 150
Senior Analyst
$80 — 120
Analyst
$70 — 110
Assistant Analyst
$50 — 90
Administrative Support
$60 — 100
General
(1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long-distance telephone
calls, travel, and traffic counts will be billed at cost plus ten (10) percent.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime
work, the above rates may be increased 50 percent.
(3) Client payment for professional services is not contingent upon the client receiving payment from other
parties.
(4) Billing statements for work will be submitted monthly.
10167-01 Proposal
(r CRRBAIV
CROSSROAD
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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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
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judgment may be necessary for its proper protection and prosecution of
the Work.
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