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HomeMy WebLinkAbout08 - Newport Crossings Project Located at 1701 Corinthian WayPaR m CITY OF �\`S NEWPORT BEACH cy<`o-P City Council Staff Report November 14, 2017 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Rosalinh Ung, Associate Planner PHONE: 949-644-3208 rung@newportbeachca.gov TITLE: Professional Service Agreement with PlaceWorks for Environmental Services for the Newport Crossings Project Located at 1701 Corinthian Way (PA2017-107) ABSTRACT: Staff requests approval of a Professional Services Agreement with PlaceWorks for the preparation of necessary environmental studies and services for Newport Crossings project. A proposed mixed-use residential development located at 1701 Corinthian Way, 4251, 4253 & 4255 Martingale Way, 4200, 4220 & 4250 Scott Drive and 1660 Dove Street. 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 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 cost of $184,728 will be reimbursed to the City by the applicant (Starboard MacArthur Square, LP). DISCUSSION: On May 31, 2017, Starboard MacArthur Square, LP submitted an application for Site Development Review and Tentative Tract Map seeking the development of a 350 -unit mixed-use project on a 5.69 -acre site bounded by Corinthian Way, Martingale Way, Scott Drive, and Dove Street. The proposal includes 2,000 square feet of restaurant space with outdoor dining area, 5,500 square feet of retail space, and 0.50 -acre public park. The project would replace the existing MacArthur Square shopping center. 8-1 Professional Service Agreement with PlaceWorks for Environmental Services for the Newport Crossings Project located 1701 Corinthian Way (PA2017-107) November 14, 2017 Page 2 The proposed development requires the preparation of Environmental Impact Report (EIR). Consistent with Council Policy F-14 and the City Manager's Administrative Procedures Manual, a request for proposals for the preparation of an EIR was sent to seven environmental consulting firms and six proposals were received. PlaceWorks has been selected based on their qualifications, experience and competitive cost. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Professional Services Agreement with PlaceWorks Attachment B — Project Site Exhibit 8-2 Attachment A Professional Services Agreement with PlaceWorks M., PROFESSIONAL SERVICES AGREEMENT WITH PLACEWORKS, INC. FOR NEWPORT CROSSINGS MIXED USE ENVIRONMENTAL IMPACT REPORT (EIR) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 14th day of November, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PLACEWORKS, INC., a California corporation ("Consultant"), whose address is 3 MacArthur Place, Suite 1100, Santa Ana, California 92707, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to prepare an Environmental Impact Report ("EIR") for the Newport Crossings Mixed Use Residential Project ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on November 15, 2019, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule 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 One Hundred Eighty Four Thousand Seven Hundred Twenty Eight Dollars and 00/100 ($184,728.00), 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. 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. PlaceWorks, Inc. Page 2 RIM Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated JoAnn C. Hadfield to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department, Planning Division. City's 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 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 PlaceWorks, Inc. Page 3 :. 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, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of PlaceWorks, Inc. Page 4 RIM 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 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 PlaceWorks, Inc. Page 5 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. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. PlaceWorks, Inc. Page 6 i • 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. PlaceWorks, Inc. Page 7 O 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: 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: JoAnn C. Hadfield PlaceWorks, Inc. 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's PlaceWorks, Inc. Page 8 8-11 acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all PlaceWorks, Inc. Page 9 8-12 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] PlaceWorks, Inc. Page 10 8-13 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: ) o l�q / -i on C.arp^'°1'"''' City Attorn ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Kevin Muldoon Mayor CONSULTANT: PlaceWorks, Inc., a California corporation Date: By: Keith McCann Chief Executive Officer Date: By: William Halligan, Esq. Vice President / Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements PlaceWorks, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES PlaceWorks, Inc. Page A-1 8-15 PROJECT UNDERSTANDING PROPOSED PROJECT The Newport Crossings Mixed Use Residential project is proposed in the designated Airport Area of the City's General Plan and the Newport Place Planned Community (PC -11). The applicant proposes development of 350 residential units, 2,000 square feet of "casual dining" restaurant space, 5,500 square feet of commercial space, and a one-half acre public neighborhood park on a 5.69 -acre project site. The site is currently occupied by the 58,277 -square - foot MacArthur Square shopping center. At first glance, the project may appear straight -forward because the proposed uses do not require a general plan amendment or zoning code amendment. Therefore, it does not require review by the Airport Land Use Commission. City discretionary approvals for the proposed project include a site development review, tentative tract map, and traffic study. The Uptown Newport project—also within the Airport Area and reflecting the same MU -1-12 zoning—required a planned community plan amendment (i.e., zoning amendment) and ALUC review, and was within the Integrated Concept Development Plan (ICDP). Both projects require demolition of existing uses, but Uptown Newport phasing related to ongoing operation and lease options of the Jazz Semiconductor facility complicated that project. As described below, although this project does not have all of the complexities of the Uptown Newport project for which PlaceWorks successfully prepared a defensible EIR, it shares many of the same issues. Our work on Uptown Newport provides us an invaluable background to proceed with Newport Crossings. THE RESIDENCES AT NEWPORT PLACE (2016) Just last year, a Mitigated Negative Declaration was prepared for a proposed mixed-use development on the same project site that encompassed 384 apartment units (including 86 affordable units), and 5,677 square feet of commercial use (restaurant). The primary issues raised by commenters, the Planning Commission, and the City Council were not about technical environmental impacts or the adequacy of the environmental review. Ultimately, this project was denied for a myriad of reasons—including overall scale, mass, and density; aesthetics; the lack of a useable, publicly accessible park; public benefit; and consistency with the overall goals, policies, and intent NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-16 Methodology of the General Plan. Understanding the history of the former project proposal will help us focus the Newport Crossings EIR on the most important considerations for the City's decision makers. In particular, PlaceWorks will work extremely closely with City staff to appropriately evaluate and substantiate conclusions of consistency with General Plan goals and policy as well as to craft meaningful project alternatives to minimize project environmental impacts and optimize General Plan consistency. For Newport Beach, plan consistency encompasses an important, overall vision for the Airport Area. AIRPORT AREA POLICIES AND TRAFFIC ANALYSIS Key to defensible CEQA analysis of this project will be an understanding of the City's unique TPO traffic study requirements (vs. CEQA requirements) and how the allowable land use for the site is based on a "trip neutral" condition (i.e., the proposed project cannot generate more traffic trips than the existing, underlying uses). Currently, a high proportion of the existing development is vacant. Unlike the CEQA traffic analysis, which will be based on existing trips generated by the uses, the TPO analysis (and trip -neutral assessment) will be based on the trips that the underlying uses could generate when occupied. The number of residential units allowed on this project site is also governed by the maximum of 2,200 residential units allocated to the Airport Area. A total of 1,244 units were approved for Uptown Newport. The number of units allowed on a given site is determined by requirements related to "replacement units" (defined by the trip analysis noted above), density bonuses, and infill units (only applicable to the ICDP and therefore, not to Newport Crossings). The transportation analysis and allowable development analysis, therefore, are inherently linked. For traffic analysis, this is complicated by the fact the CEQA and TPO traffic requirements and methodologies differ (as discussed under topical sections, Transportation and Traffic). PLACEWORKS APPROACH CEQA Focus our analysis. We will conduct defensible project scoping, including the review of previous documentation, and actively participate in the project CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-17 Methodology scoping meeting to ensure that we appropriately focus our analysis and close out topics that clearly and defensibly can be eliminated in the Initial Study, » Coordinate CEQA requirements of technical studies prepared by others at the outset. This approach applies primarily to the traffic study to ensure that the analysis meets CEQA requirements in addition to the TPO requirements. This may require parallel analyses. Early coordination will assure that no time is lost. We will coordinate with the City and your traffic consultant (if desired) to ensure that the scope meets CEQA requirements for existing conditions; related projects (vs. committed projects); and phasing, demolition, and construction impact analysis. We will also detail project needs to support our air quality/GHG and noise studies. » Conduct peer review promptly and communicate early regarding adequacy and consistency among the various applicant -prepared technical studies, » Efficiently use previously prepared narrative and exhibits from recent PlaceWorks-prepared documents for Newport Beach. Review and confirm adequacy and up-to-date status of any of these materials. » Prepare a timely, comprehensive project description for review by the project team. Prepare clear, meaningful project objectives that will largely serve as the basis for defining and evaluating project alternatives. COMMUNICATION AND COORDINATION Assigned Project Manager and Assistant Project Manager JoAnn Hadfield will be assigned as project manager for this project, including day-to-day coordination with the City's project manager. Frances Yau will be assigned as assistant project manager. She will be apprised of all project activities and be the second contact in the event that JoAnn is not immediately available to answer the City project manager's questions or respond to requests. Protocol will be established to cc JoAnn and Frances on all project emails. » Contact Sheet. At the outset of the project, PlaceWorks will provide the City with a comprehensive contact list with phone numbers and email addresses for PlaceWorks staff on the project as well as subconsultant contacts. » Status Log. We will maintain a project status log identifying project activities. In a spreadsheet form, the log will identify the date, person making the entry, activity/communication, and deliverable if applicable. This log will be available at any time upon request by the City's project manager. NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-18 Methodology » Meeting Agendas and Minutes. We will prepare formal meeting agendas (to be reviewed by City's project manager before meeting) and meeting minutes for each project meeting documenting the attendees, discussion items and summary, and action items. » Project Budget Control. We utilize Deltek software for detailed project accounting. This allows us to plan staff hours from the outset of the project by task and to track these hours on a weekly basis. We will coordinate with the City's project manager at the initiation of the project to determine the level of detail and timing for provision of budget status information. WORK PLAN TASK 1. PROJECT INITIATION 1.1 Project Kick-off Meeting and Data Collection PlaceWorks' project manager and assistant project manager will attend a project kick-off meeting with City staff. We will review the City's objectives; discuss the project in detail; and confirm the project approach, scope, and schedule. This discussion should include any known constraints and/or opportunities observed by the City, project applicant, and the consultant team. PlaceWorks will review all available plans applicable to the proposed project and conduct a site visit to review the existing physical conditions of the project site and surrounding areas. It is assumed that communication protocol between the City, PlaceWorks, and project applicant's team will also be clearly established at this kick-off meeting. TASK 2. PROJECT DESCRIPTION AND EIR OUTLINE 2.1 Project Description A defensible EIR starts with a comprehensive and accurate project description. We will complete the project description after the kick-off meeting and after receipt of all information clarifying our inquiries. Critical components of the project description include the project objectives, proposed site plan and allowable uses, circulation plan, infrastructure improvements (both on- and offsite), and demolition/construction detail and phasing plan. Our first deliverable will be the complete project description for review by the City. 2.1 EIR Outline As part of our Task 2 deliverable, PlaceWorks will prepare an EIR outline in the form of our EIR table of contents to provide an overview of what will be in the document. The outline will include detailed headings and subheadings for each environmental topical section. CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-19 Methodology Deliverables: — Draft Project Description and EIR Outline (2 hard copies and 1 electronic copy) TASK 3. INITIAL STUDY, NOTICE OF PREPARATION, AND SCOPING MEETING 3.1 Initial Study/Notice of Preparation The Initial Study (IS) will include a comprehensive project description and analyze each topical area of the CEQA Appendix G checklist: n Aesthetics » Agriculture/Forestry Resources » Air Quality » Biological Resources » Cultural Resources » Geology/Soils >> Greenhouse Gas Emissions » Hazards/Hazardous Materials » Hydrology/Water Quality » Land Use & Planning » Mineral Resources » Noise » Population & Housing » Public Services » Recreation » Transportation/Traffic » Tribal Cultural Resources » Utilities and Service Systems Findings will be clearly substantiated for each checklist question to conclude that impacts are less than significant or potentially significant. At this time, we anticipate that the only CEQA topics that will be entirely eliminated from further review (not carried through to the EIR) will be Agriculture/Forestry Resources and Mineral Resources. It is anticipated that Biological Resources may also be eligible to be closed out in the Initial Study, as supported by a technical memorandum by Cadre. This decision will be made in consultation with the City. Note that for some topics, individual subtopics and impact statements may be eliminated from further review in the EIR. For example, under Geology and Soils, the project would not use septic tanks that may impact site soils because sewer service is available. And under Population and Housing, the project would not displace existing housing or people and necessitate the construction of replacement housing elsewhere. The EIR, however, will include the Geology and Soils and Population and Housing sections to address remaining checklist questions. Under Assembly Bill 52 (AB 52), a discussion of potential impacts to tribal cultural resources will be included in the Initial Study. Cogstone, our cultural resources subconsultant, will assist the City with AB 52 tribal consultation. Please refer to Task 11.2 for additional details to their scope. Although not yet formally in the CEQA checklist, recent case law and adherence to the CEQA Guidelines (Appendix F) mandates that Energy impacts be NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-20 Methodology addressed in the EIR. PlaceWorks will complete the Energy analysis which, at this time is anticipated to be included in a separate subsection under Other CEQA Considerations. In addition to the Initial Study, PlaceWorks will prepare the draft Notice of Preparation (NOP), which will provide notice of a public scoping meeting and will clearly identify the time period, contact person, and address established for submitting responses during the 30 -day public review period. We will submit the IS/NOP for one round of review by the City. After City approval of the "proof -check" IS/NOP, PlaceWorks will assist the City in preparing a distribution list to ensure proper noticing of all applicable state and local agencies, surrounding property owners, and other special interest groups or individuals identified by the City. PlaceWorks will file the NOP with the State Clearinghouse and County Clerk, and the City will be responsible for publishing the NOP in the local newspaper. Deliverables: — Draft IS/NOP (2 hard copies and 1 electronic copy) — Final IS/NOP (20 hard copies and 20 CDs) — Filing of IS/NOP with State Clearinghouse and County Clerk and mailing to agencies and general public 3.2 Scoping Meeting Per the RFP, PlaceWorks will assist the City in organizing and conducting one public scoping meeting to present the preliminary environmental impacts of the proposed project and to solicit comments regarding the scope and content of the environmental issues to be addressed in the EIR. We will prepare a PowerPoint presentation for the meeting to be reviewed by the City prior to finalization. At the meeting, we will be prepared to discuss the environmental review process and to answer specific questions, as desired by the City. It is recommended that the scoping meeting be held one or two weeks after the release of the IS/NOP, so the public has time to review the document and voice. their concerns about potential environmental issues. After the meeting, we will prepare a summary of comments that will ultimately be included in the EIR with references to where each comment is addressed or explanation of why it is not addressed (e.g., not an environmental issue). Oeliverable(s): — Preparation of PowerPoint and participation at scoping meeting — Sign -in sheet, comment cards, and hand-outs (if any) CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-21 Methodology TASK 4. ADMINISTRATIVE DRAFT EIR I AND II 4.1 Administrative Draft EIR I An EIR will be prepared for the proposed project and will include the following sections in accordance with the CEQA Guidelines: » Executive Summary » Introduction » Project Description » Environmental Setting » Discussion of Existing Conditions, Environmental Analysis, and Mitigation Measures » Cumulative Impacts » Consideration of Significant Effects » Project Alternatives » Other CEQA-Mandated Sections » Organizations and Persons Consulted Each topical section of the document will: (a) describe existing environmental conditions and pertinent regulatory policies and programs that apply to this project, (b) define the criteria by which impacts will be determined to be significant, (c) determine the environmental changes that would result from the project, (d) evaluate the significance of those changes with respect to the impact significance criteria (thresholds), (e) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and (f) provide a conclusion as to whether significant impacts would remain, even after successful implementation of recommended mitigation measures. Each section will be supplemented with applicable GIS -based graphics to enhance the analysis and clarify the project's environmental impacts. Our scope of work also assumes that a quantified analysis will be included for the technical sections— air quality, greenhouse gas (GHG) emissions, noise, and transportation/traffic. Topical Sections As indicated above, it is anticipated that all CEQA topical sections, with the exception of Agriculture/Forestry Resources and Mineral Resources, and potentially Biological Resources will be carried through and included in the EIR. Analysis and findings of technical studies will be incorporated. Technical study scopes are described under Tasks 10 and 11. Complete technical studies (for stand-alone reports as provided by the applicant's team) and supporting modeling information (Air quality/GHG and Noise) will be included in the EIR appendices. » Aesthetics. The MacArthur Square shopping center currently encompasses the project site. Development of the proposed project would substantially alter the visual character and quality of the site. The aesthetics analysis will address the project's potential effect on scenic vistas, visual and community character and quality, and lighting in the project area. Available project details—including conceptual plans, building elevations, and renderings NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-22 Methodology provided by the project applicant—will be helpful in clearly portraying the visual impacts of the proposed project. This section of the EIR will also review applicable visual -related policies in the City's general plan and be cognizant of the aesthetic -related mass and scale issues raised regarding the previous development proposal for this site. » Air Quality. An air quality/GHG analysis will be prepared by our in-house technical specialists (see Task 10.1). Findings from the air quality/GHG analysis will be integrated into the EIR section and will include an assessment of consistency with the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan, quantified emissions for construction and operational criteria pollutants, and evaluation of potential air quality impacts. » Biological Resources. Cadre Environmental will prepare a biological resources technical memorandum (see Task 11.1). Findings from the memorandum will be summarized in this section to determine whether the project would have any impact on sensitive species and habitat, jurisdictional resources, and wildlife corridors, Given the built -out and urbanized condition of the project area, no substantial biological resources are anticipated. » Cultural Resources. No significant cultural resources are expected within the project site. Cogstone will prepare cultural and paleontological resources technical memorandums supporting the findings from Cogstone's previous cultural resources assessment for the City's General Plan Land Use Element Amendment Supplemental EIR (see Task 11.2). Analyses from the technical memorandums will be incorporated into the Cultural Resources section, and mitigation measures will be identified as necessary. » Geology and Soils. This section will define the existing geologic, soils, and groundwater characteristics onsite; identify regional seismic influences; and explain the characteristics of any areas with constraints to site development. Analysis of project impacts will be based on the proposed land use plan, available technical studies including the soil and soil gas investigation report, and information from the project's civil engineer. Regulatory requirements and performance standards will be detailed. » Greenhouse Gas Emissions. PlaceWorks will prepare a GHG analysis for the proposed project, and findings will be integrated into the EIR section (scoped in Task 10.1). Project -related GHG emissions will be quantified in the report using SCAQMD's CalEEMod program. Project consistency with statewide GHG emissions reduction strategies will also be analyzed. Mitigation measures will be incorporated, as necessary, to reduce potentially significant GHG impacts of the project. CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-23 Methodology » Hazards and Hazardous Materials. The project -applicant team will prepare a soil/soil gas investigation report and Phase I and II environmental site assessments (ESAs), which will be reviewed by PlaceWorks for CEQA adequacy. This section will summarize findings from the soil/soil gas report and Phase I and 11 ESAs, including review of the site history and usage as they relate to the presence of hazardous substances and petroleum products onsite; document visible evidence of current and past usage of the property, particularly related to potential hazardous substances, petroleum products, storage tanks, and evidence of spills or releases of hazardous substances or petroleum products; and identify any required mitigation measures for remediation and cleanup prior to development of the proposed project. » Hydrology and Water Quality. A hydrology report and water quality management plan (WQMP) will be prepared by the project applicant's team. Upon City approval, PlaceWorks will review these technical reports to ensure they are adequate for addressing the CEQA Appendix G thresholds. This section will include an analysis of existing hydrology and water quality conditions. It will identify the regulatory framework, regional and site-specific hydrological setting of the area, stormwater drainage characteristics, water quality data (surface and groundwater), local receiving water bodies, pollutants of concern based on changes in land use, and potential hazards due to flooding. The section will also include the best management practices from the WQMP to be implemented at the site, including source control, site design, and stormwater treatment measures. The section will conclude with a discussion of the potential water impacts attributable to the proposed project, based on applicable significance criteria, and incorporate mitigation measures from the technical reports as necessary. » Land Use and Planning. The proposed project will not require a general plan amendment or zone change. However, this section will thoroughly review the requested entitlements for consistency with the various elements of the City's General Plan and its overall vision, goals, and policies. Responding to the Appendix G checklist question of whether the project will physically divide an established community, this section will assess the land use compatibility of introducing residential uses into a commercial and office use area. This section will also analyze the project's consistency with applicable regional plans, including SCAG's Regional Transportation Plan/Sustainable Communities Strategy. » Noise. A noise and vibration analysis will be prepared by PlaceWorks (see Task 10.2). Noise modeling datasheets and assumptions will be included as an appendix to the EIR. The noise analysis will be prepared consistent with the noise compatibility standards of the City of Newport Beach. Operational and construction noise impacts could be a potential project issue. Findings will be NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-24 Methodology integrated into the Noise section of the EIR, and mitigation measures, if necessary, will be incorporated to reduce potentially significant noise impacts of the project. » Population and Housing. The proposed project would introduce 350 dwelling units and approximately 7,500 square feet of commercial/restaurant use. Population (residents and employees) and housing impacts are anticipated at buildout of the mixed-use development. This section will analyze the project's buildout impacts on the City's anticipated population growth and jobs - housing balance. » Public Services. Service providers (i.e., City fire, police, school, and library providers) will be contacted at the outset of the project for input on existing staffing and capacities and long-term plans to demonstrate their ability to serve buildout of the proposed project. » Recreation. The proposed project would introduce new residents into the City, which may increase demand on existing parks and recreational facilities. The project is proposing development of a half -acre public park onsite. This section of the EIR will analyze whether the City's existing park and recreational facilities and the proposed project's recreational area would provide adequate recreational opportunities, will provide sufficient public access, and whether the project would adversely impact existing parkland. » Transportation and Traffic. Under separate contract, the City's traffic consultant will prepare a traffic impact analysis that will analyze existing roadways and traffic conditions compared to future conditions. As discussed under Project Understanding and Place Works Approach, the traffic analysis for the project must comply with both City TPO requirements and meet CEQA requirements. We will coordinate from the outset to assure that the traffic consultant's scope of work will meet the EIR requirements, and assist, if desired by the City in defining the structure for the final traffic report. Upon City approval of the traffic report, PlaceWorks will integrate the findings into the EIR section. Potential traffic impacts related to project -generated trips and intersection levels of service will be identified, and appropriate mitigation measures will be incorporated. » Tribal Cultural Resources. Cogstone will prepare letters to send to AB 52— specific Native American tribal groups identified by the City (see Task 11.2). The AB 52 consultation process and analysis of potential project impacts on tribal cultural resources in the project area will be summarized in this section of the EIR, and mitigation measures will be identified as necessary. » Utilities and Service Systems. Service letter requests will be sent to the City's water, wastewater, solid waste, natural gas, and electricity providers for CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-25 Methodology existing and future capacities to determine whether buildout of the project could be accommodated. The project applicant's team will also prepare a dry utilities report and sewer and water demand report. PlaceWorks will review the reports for CEQA adequacy and incorporate the report findings into this section of the EIR. As required by CEQA, PlaceWorks will also address potential Energy impacts pursuant to Appendix F. Energy will be addressed in a separate section, "Other CEQA Considerations." Consideration of Significant Effects The EIR will identify and focus on the significant effects of the project and include the following discussions, as required by CEQA Guidelines Section 15126.2: » Effects Not Found to Be Significant n Significant Unavoidable Impacts Significant Irreversible Changes Growth -Inducing Impacts Alternatives to the Proposed Project The processing experience of The Residences at Newport Place highlight the value of defining and evaluating project alternatives in an EIR. Meaningful EIR project alternatives are helpful to decision makers for projects that substantially alter the physical conditions of an existing site. Our scope is based on the evaluation of up to three alternatives, including the following two scenarios detailed in the RFP: 1) No Project/No Construction, and 2) Reduced Intensity/Reduced Height. In compliance with CEQA, the EIR is required to address a reasonable range of alternative to be defined and analyzed on the basis of their ability to: 1) avoid or reduce one or more of the project's significant impacts, and 2) feasibly attain most of the basic objectives of the project. PlaceWorks expertise in design and planning provides a unique opportunity to create alternatives that not only specifically address specific environmental issues, but consider a broader evaluation of land use compatibility, design/aesthetics, and General Plan vision. Impacts resulting from construction and temporary impacts on the surrounding uses (public access, traffic diversion, construction schedule) will also be addressed in the alternatives. Alternatives considered but eliminated from further consideration will also be documented. The environmentally superior alternative will be identified, if it is NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-26 Methodology the No Project/No Construction Alternative, then one of the development alternatives will be identified as environmentally superior to the others. Deliverables: — Administrative Draft EIR 1 (4 hard copies with technical appendices on CDs) 4.2 Administrative Draft EIR II It is assumed the City will provide one consolidated set of written comments on the Administrative Draft EIR I to PlaceWorks. As appropriate, PlaceWorks' project manager will meet with City staff to discuss and resolve any major areas of concern and clarify areas of misunderstanding, etc. We will follow up with City departments or other agencies as necessary to respond to City staff comments. PlaceWorks will incorporate and address City comments on the review of the Administrative Draft EIR I and submit Administrative Draft EIR II for the City's second round of review. Deliverables: — Administrative Draft EIR II (4 hard copies with technical appendices on CDs) 4.3 Preprint Draft EIR Similar to Administrative Draft EIR I, PlaceWorks assumes the City will provide one consolidated set of written comments on Administrative Draft EIR II. PlaceWorks will incorporate and address the City's comments and submit a Preprint Draft EIR to the City for final review. Note that, in total, it is anticipated that there will be two rounds of review of the Administrative Draft EIR (I and II) and one round of review of the Preprint Draft EIR prior to publication of the Draft EIR for public review. Deliverables: — Preprint Draft EIR (1 hard copy with technical appendices on a CD) TASK S. DRAFT EIR Upon approval of the Preprint Draft EIR, PlaceWorks will conduct final edits, formatting, and QA/QC. We will reproduce and distribute copies of the document to the all applicable agencies and other interested parties identified on a distribution list to be developed in consultation with the City. We will also prepare the Notice of Completion (NOC) for City approval and signature. We will also prepare the Notice of Availability (NOA) for City approval CITY OF NEWPORT BEACH l NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-27 Methodology and file it with the State Clearinghouse and County Clerk. It is assumed the City will publish the NOA in the local newspaper. Deliverables: — Draft EIR (10 hard copies with technical appendices on CDs, and 50 CDs) — Draft EIR in web -friendly format to be uploaded on City's website (divided into smaller, more easily downloadable portions) — NOC, NCA, and distribution list (electronic copy) — Filing of NOA with State Clearinghouse and County Clerk and mailing to agencies and general public TASK 6. FINAL EIR 6.1 Response to Comments/Errata Responses to comments received on the Draft EIR will be prepared in accordance with CEQA Guidelines Section 15089. Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment, A Response to Comments section will be created for the Final EIR and will contain an introduction describing the public review process for the Draft EIR, copies of all comment letters, and written responses to all comments. Responses will focus on comments that address the adequacy of the DEIR. Comments that do not address EIR adequacy will be noted as such, and no further response will be provided unless deemed necessary by the City. Responses will be prepared by PlaceWorks with input from our technical specialists, as needed. It is also assumed that the City's traffic consultant and the applicant's technical consultants will support in preparation of the Response to Comments, as needed. Per the RFP, up to 100 hours split between key PlaceWorks staff are budgeted for the preparation of responses to comments. The estimated budget assumes that no additional basic research will be required to respond to comments, and that the comments will be directed at the substance and technical adequacy of the EIR. Modification to the scope of work, budget, and time frame may be necessary if any comments from agencies or the general public require substantially increasing the scope of impacts and issues addressed in the EIR and cannot be completed within the 100 budgeted hours. The Final EIR will also include errata detailing any revisions, updates, or corrections needed to respond to comments or address minor errors in the DEIR. Revisions will be made in underline and strike -out text. PlaceWorks will revise the Response to Comments/Errata based on revisions provided by the City. Responses to comments from responsible agencies will be distributed a minimum of 10 days prior to consideration of the Final EIR by the City Council. NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-28 Methodology Per the RFP, the Final EIR deliverable will include the Draft EIR, Response to Comments/Errata, and MMRP. Deliverables: — Draft Response to Comments/Errata (electronic copy) — Final Response to Comments/Errata (10 hard copies and 50 CDs) — Mailing of Response to Comments to commenting agencies — Final EIR with MMRP (10 hard copies and 25 CDs) 6.2 Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program (MMRP) will be prepared pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format and will identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. A draft MMRP will be submitted to the City for review. Upon approval, the MMRP will be incorporated into the Final EIR. Deliverables: — Draft MMRP (electronic copy) — Final MMRP (included in Task 6.1) TASK 7. FOF, SOC, NOD, AND FINAL PRODUCT 7.1 Findings of Fact and Statement of Overriding Considerations The Findings of Fact (FOF) will be prepared consistent with the requirements of CEQA and in a format approved by the City. The draft FOF will be distributed to the City for review and comment. If required, we will prepare a Statement of Overriding Considerations (SOC) for the project, consistent with the requirements of CEQA and in a City -approved format. Deliverables: — FOF and SOC (electronic copy) 7.2 Notice of Determination PlaceWorks will prepare a draft Notice of Determination (NOD) for review by the City. If the City takes action to certify the Final EIR and approve the project, PlaceWorks will file the NOD with the State Clearinghouse and the Orange County Clerk. Our budget includes all filing fee costs associated with filing with the County Clerk ($50) and California Department of Fish and Wildlife ($3,078). Deliverables: — NOD (electronic copy) — Filing of NOD with State Clearinghouse and County Clerk CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-29 Methodology 7.3 Final Product At project completion, PlaceWorks will provide one copy of all notices (NOP, NOA, and NOD), Initial Study, Final EIR, and FOF in Microsoft Word, and all appendices in electronic format. Deliverables — Notices, IS, Final EIR, and FOF in MS Word and all appendices in electronic format TASK 8. MEETINGS AND PUBLIC HEARINGS Communication is key to a project's success. Therefore, PlaceWorks will be in regular communication with City staff and participate in regularly scheduled progress updates (phone or email) related to project approach, scheduling, and environmental issues throughout the CEQA process. Per the RFP, it is assumed that PlaceWorks' project manager and assistant project manager will attend up to 6 in-person meetings with City staff and the project applicant team, in addition to the kick-off meeting (Task 1.1) and scoping meeting (Task 3.2). Our technical staff is available to attend meetings upon request on a time and materials basis in accordance with our billing rates. We also assume PlaceWorks' project manager and assistant project manager will attend up to 4 public meetings/hearings (e.g., Planning Commission and City Council). The PlaceWorks team will serve as an extension of City staff and will be prepared to make presentations and/or answer questions regarding the environmental document and impact analyses at public meetings/hearings. Additional meeting attendance by PlaceWorks or by other members of the consultant team will be billed on a time -and -materials basis in accordance with the hourly rates for the personnel involved. Deliverables: — 1 kick-off meeting (included under Task 1.1) — 1 scoping meeting (included under Task 3.2) — Up to 6 in-person meetings at the City (project manager and assistant project manager) — Up to 4 public meetings/hearings (project manager) TASK 9. PROJECT MANAGEMENT As discussed above, PlaceWorks will coordinate closely with the City to ensure that the EIR and associated documents are legally defensible, accurate, and useful to decision makers when considering the approval of the project. Project management responsibilities include: task scheduling and assignment; management of resources; monitoring of costs and schedule adherence; NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-30 Methodology management and coordination of subconsultants, including contract administration and accounting; consultation and coordination with local and state entities relative to the environmental review process; and coordination and communications with the City's project team to ensure compliance with policies, procedures, and any applicable codes. This task is based on an estimated number of hours for the anticipated work schedule in this proposal. If this schedule is extended beyond the control of PlaceWorks, a budget augment may be requested for this task. TASK 10. PLACEWORKS IN-HOUSE TECHNICAL STUDIES AND PEER REVIEWS 10.1 Air Quality and Greenhouse Gas Emissions Analyses PlaceWorks will prepare an air quality and GHG emissions analysis to evaluate potential air quality impacts associated with the proposed project. Impacts will be based on the current methodology of the SCAQMD for projects within the South Coast Air Basin (SoCAB). Modeling will be conducted using the current California Emissions Estimator Model (CalEEMod). PlaceWorks is a beta tester for CaIEEMod and beta tested the new 2016 CaIEEMod, version 2016.3.1. The results of the air quality and GHG technical analysis will be summarized in the EIR and model outputs included in the appendix. Consistency with GHG Reduction Plans The CEQA Guidelines require an assessment of whether the project would conflict with plans adopted for the purpose of reducing GHG emissions. Applicable plans include the California Air Resources Board's (CARB) Scoping Plan for statewide GHG reduction goals of Assembly Bill 32 (AB 32) and Senate Bill 32 (SB 32); and the Southern California Association of Government's 2016 Regional Transportation Plan/Sustainable Communities Strategy for the regional GHG reduction goals of SB 375. PlaceWorks will provide a qualitative assessment of consistency of the proposed project with the applicable measures and/or strategies in these state and regional plans. Criteria Air Pollutant and GHG Emissions The existing land uses onsite generate criteria air pollutant and GHG emissions from transportation sources, energy (natural gas and indirect emissions from purchased electricity), area sources (landscape emissions, consumer products), indirect emissions from water use and wastewater generation, and indirect emissions from waste disposal. The proposed project would replace the existing uses with newer buildings but would result in a substantial increase in residential and nonresidential density onsite. As a result, the proposed project would generate an increase in criteria air pollutant and/or GHG emissions on - and offsite. The emissions inventory and forecast will be developed for the CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-31 Methodology project based on the existing and proposed land uses. PlaceWorks will coordinate with the City's traffic consultant to obtain trip generation and vehicle miles traveled for the existing and proposed land uses to ensure internal consistency in the EIR modeling, The air quality and GHG technical analysis will provide an estimate of the increase in long-term emissions from operation of the project compared to SCAQMD's significance thresholds. SB 32 established a GHG emissions reduction target of 40 percent below 1990 levels by 2030. CARB recently released a draft of the 2017 Climate Change Scoping Plan Update to achieve the SB 32 reduction target. As a result of recent CEQA case law regarding target setting, the EIR will need to consider the post -2020 threshold established by SB 32 for the proposed project when evaluating GHG emissions. Construction Phase PlaceWorks will estimate the increase in short-term criteria air pollutant emissions generated from construction activities associated with the project. It is assumed that the demolition and construction phasing and equipment mix will be similar to that identified in the 2016 The Residences at Newport Place Air Quality and Greenhouse Gas Assessment. We will coordinate with the City and the applicant to ensure that there are no substantial changes to the construction phasing, including duration for each construction subphase, anticipated equipment for each subphase, and estimated demolition volumes and earthwork (if applicable), for air quality and GHG modeling. Where preliminary construction information is unavailable, we will use CaIEEMod defaults, as appropriate, and work with City to develop the construction assumptions. Localized air pollution impacts from construction equipment exhaust and fugitive dust will be compared to SCAQMD's screening -level localized significance thresholds (LST) for their potential to elevate concentrations of air pollutants at the adjacent land uses surrounding the development site. A construction health risk assessment is not proposed, and it is assumed that, based on the LST analysis, construction -related risk can be described qualitatively. Mitigation measures to reduce potential impacts will be identified, as necessary. AQMP Consistency and Other Air Quality Impacts The SoCAB is designated under the California and National ambient air quality standards (AAQS) for ozone, particulate matter (PMlo and PM2.5), and lead (Los Angeles County only). Consistency of the project's regional emissions will also be evaluated against the SCAQMD Air Quality Management Plan. For other localized emissions, the SoCAB has been designated as attainment for carbon monoxide (CO) under both the California and National AAQS, and therefore CO hotspots will be discussed qualitatively. A qualitative assessment of potential odor generation will also be included. NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-32 Methodology Deliverables: — Air Quality and GHG Emissions Analysis, to be included as an appendix to the EIR 10.2 Noise and Vibration Analysis PlaceWorks will evaluate potential noise and vibration impacts for the construction and operational phases of the proposed project. We will use our experience and knowledge of similar noise environments to characterize the existing conditions for the project area, with particular attention to the airport noise from John Wayne Airport as well as the traffic flows on MacArthur Boulevard and other nearby roadways. Additionally, PlaceWorks will leverage, to the extent applicable, our previous experience with working within the 2006 General Plan, as well as our preparation of the 2014 Newport Beach Land Use Element Amendment Supplemental EIR. The proposed project is in proximity to John Wayne Airport and is subject to the Airport Environs Land Use Plan; however, review by the Airport Land Use Commission is not required because a general plan amendment or zoning code amendment is not necessary to approve the project. Regardless, PlaceWorks will briefly discuss the compatibility of the proposed project and the existing ambient noise environment. Based on the existing noise contours for John Wayne Airport, the proposed project site is currently exposed to a Community Noise Exposure Level (CNEL) of approximately 60 to 65 dBA (due to aircraft noise alone). Conformity with state interior sound insulation standards will be made assuming typical architectural attributes for multifamily facilities, PlaceWorks will make a quantitative assessment of temporary noise and vibration impacts during demolition and project construction activities using industry -standard analysis techniques and using scheduling, equipment mix, hauling, and truck trip information as provided by the applicant. There are no offsite, residential facilities within the vicinity of the project; however, there are still several noise -sensitive receptors that may be impacted by construction noise (i.e., the Radisson Hotel, Janus University). The addition of residences and mixed-use development may result in increased operation around the project area, in terms of existing conditions. Long-term, operational noise impacts will be primarily related to project -generated traffic flows. Traffic noise existing conditions and future impacts to land uses along nearby roadway segments will be assessed with input parameters based on traffic forecasts in the project's traffic study (provided by the applicant) and will be assessed using a version of the U.S, Federal Highway Administration Traffic Noise Model. Other, ongoing noise sources at the site (such as heating, ventilation, and air conditioning units; maintenance activities; and periodic truck CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-33 Methodology movements) are expected to be of secondary importance to the traffic impacts and will be discussed qualitatively. Potential noise and vibration impacts will be evaluated according to applicable City of Newport Beach noise and vibration criteria in the City's General Plan and Municipal Code. Applicable mitigation measures and/or project design features will be recommended to reduce projected noise and vibration impacts to less than significant levels for both project construction and operations, as necessary. The findings of the noise and vibration analyses and impact assessment will be presented in a Noise section of the EIR. Pertinent technical background information and impact assessment details will be included in an appendix. Deliverables: — Noise and Vibration Analysis, to be included as an appendix to the EIR 10.3 Peer Review of Applicant -Provided Technical Studies Per the RFP, the following technical reports have been prepared or are being prepared by the project applicant's team: » Phase I and II ESAs Soil and Soil Gas Investigation Report Dry Utilities Report Sewer and Water Demand Report » Hydrology Report » Water Quality Management Plan We will review these technical reports to ensure that they have been prepared using appropriate methodology, consistent with existing regulatory requirements, and using accurate and verifiable field techniques and are in conformance with all applicable CEQA requirements. PlaceWorks will also ensure the studies can adequately address all applicable CEQA Guidelines Appendix G checklist questions. If we find any inaccuracies or deficiencies in analyses, we will prepare a brief memorandum for that study to formalize our review and summary adequacy conclusion. Deliverables: — Peer Review Memoranda, as required (electronic copy) TASK 11. SUBCONSULTANTS TECHNICAL STUDIES 11.1 Biological Resources Technical Memo—Cadre Environmental Given the built -out and urban setting of the project area, no sensitive biological resources are anticipated onsite; thus, this scope of work does not include a NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-34 Methodology literature review or habitat assessment. PlaceWorks will survey and document potential resources at the site and Cadre Environmental will prepare a technical memorandum to defensibly conclude whether significant biological resources are present and whether this topic needs to be further evaluated. Regulatory requirements and City standard conditions of approval will be documented in the memorandum. No potentially threatened or endangered species, sensitive floral/fauna species habitats, or trees are anticipated onsite. The technical memorandum will be included as an appendix to the DEIR. Deliverables: — Draft and Final Biological Resources Technical Memorandum (1 hard copy and 1 electronic copy) 11.2 Cultural and Paleontological Resources Technical Report—Cogstone Cogstone will prepare cultural and paleontological resources technical reports that analyze the project's potential impacts on cultural resources. Cogstone will also assist the City with Native American consultation in accordance with AB 52 requirements, Background Research, Data Collection, and Native American Consultation » Cultural Resources Record Search: Cogstone will conduct an updated record search at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton, for a one -half -mile radius surrounding the project area in order to identify any previously recorded sites and previous cultural resource studies documented within the study area. » Paleontology Records Search: Cogstone will obtain an updated paleontological records search from the Los Angeles County Natural History Museum. » Native American Consultation. Cogstone will request a Sacred Lands File (SLF) search from the Native American Heritage Commission (NAHC). Cogstone will also assist the City with meeting AB 52 requirements by drafting consultation letters to be provided on City letterhead. The City will be required to mail the letters and conduct the consultation. This scope of work does not include conducting consultation meetings. If requested, a budget augment will be required. Fieldwork Since the project area is hardscaped, Cogstone will conduct a reconnaissance survey to document baseline conditions. It is assumed that no archaeological resources will be identified. CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-35 Methodology Deliverables Cogstone will prepare draft AB 52 letter templates and a brief cultural and paleontological resources letter memo report that will summarize the updated records searches, field reconnaissance, and baseline conditions and assess potential impacts to cultural and paleontological resources resulting from the project. This scope of work includes responding to two rounds of comments. Final reports and GIS will be filed with the SCCIC. Deliverables: — Draft and Final Cultural and Paleontological Resources Letter Memo Report (1 hard copy and 1 electronic copy) — Draft AB 52 letter templates NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR I PLACEWORKS 8-36 A. Proposer Background Phase I & it Environmental Site Assessments Soil & Soil Gas Investigation Report Dry Utilities Report Sewer & Water Demand Report Hydrology Report Water Quality Management Plan TEAM ORGANIZATION COMMUNITY DEVELOPMENT DEPARTMENT Rosalinh Ung I Associate Planner Role: Project Manager JoAnn C. Hadfield I Principal, Environmental Services Role: Principal-in-Charge/Project Manager Frances Yau, AiCP I Associate Role: Assistant Project Manager PUBLIC WORKS DEPARTMENT Transportation Division Traffic Study (Consultant prepared under contract to City) Nicole Vermilion I Associate PrincipalI Fernando Sotelo, PE, PrP Senior Engineer I Bob Mantey I Senior Engineer Role: Air Quality/GHG Lead Role: Tronsportotion/Traffic Lead Role: Noise/Vibration Lead John Vang, JD I AssociateI Cameron Sullivan Project Engineer ( Michael Milroy I Associate Role: Air Quality/GHG Role: Transportation/Traffic, Noise/Vibration Role: CEQA Planner Steve Bush, PE I Senior Engineer Michael J. Watson, PG I Associate Geologist Justin Rickenbach I Planner Role: Civil Engineer Role: Project Geologist Role: CEQAPlanner Ruben Ramirez I Research Biologist Desiree Martinez I Principal Archaeologist Role: Biology I I Role: Archaeology/Paleontology, Tribal CITY OF NEWPORT BEACH I NEWPORT CROSSINGS MIXED USE RESIDENTIAL PROJECT EIR 8-37 EXHIBIT B SCHEDULE OF BILLING RATES PlaceWorks, Inc. Page B-1 8-38 THE PLACEWORKS TEARI NEWPORT CROSSINGS MIXED USE RESIDENTIAL EIR COST PROPOSAL aama.smre�w.ys>emraa w�m�av�ao:vm moilmor+vortceoma�: M6ege uti4d el Vaanm11P5gpaeEmR. 8-39 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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. 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 PlaceWorks, Inc. Page C-1 8-40 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. 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 City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement 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: PlaceWorks, Inc. Page C-2 8-41 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. 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. PlaceWorks, Inc. Page C-3 8-42 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this 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 judgment may be necessary for its proper protection and prosecution of the Work. PlaceWorks, Inc. Page C-4 8-43 Attachment B Project Site Exhibit Newport Crossings Project Project Site Map 8-45