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HomeMy WebLinkAbout09 - Professional Services Agreement for Environmental Services• �•� i �� � (; ��� , I ��i � �' i i ��: - it � � . Agenda Item No. 9 September 27, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Rosalinh Ling, Associate Planner APPROVED: TITLE: Professional Service Agreement with the Planning Center for Environmental Services for the Koll Center Newport and Uptown Newport Village Mixed -Use Developments (PA2010 -132 &PA2011- 134) ABSTRACT: Community Development staff requests an approval of two professional services agreements with the Planning Center for environmental services for the Koll Center Newport and Uptown Newport Village mixed -use developments in the Airport Area. RECOMMENDATION: Approve the two Professional Services Agreements, and authorize the Mayor and City Clerk to execute the Agreements. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. The entire cost of these consulting services will be reimbursed to the City by the applicants (The Koll Company and The Shopoff Group). DISCUSSION: On September 28, 2010, the Newport Beach City Council approved the Integrated Conceptual Development Plan (Plan) to provide for the redevelopment of the 25 -acre Shopoff Group (formerly -owned by Conexant) site, and for the redevelopment of a 12.70 -acre portion of the Koll Center office park between Birch Street and Von Karman Avenue with new residential development and open space, carefully integrated with existing office buildings and parking structures. 1 Professional Service Agreement with the Planning Center for Environmental Services for the Koll Center Newport and Uptown Newport Village Mixed -Use Developments (PA2010 -132 &PA2011 -134) September 27, 2011 Page 2 The Plan results in a maximum of 1,504 new residential units; 1,244 of which are planned on the Shopoff site and the remaining 260 are planned on the Koll Company property. The approved Plan was a pre- requisite for the preparation of the entitlement documents called for in the General Plan. These documents include a Regulatory Plan and a Development Agreement. Each property owner is responsible to independently prepare and submit to the City the proposed Regulatory Plan for their property. The Regulatory Plans, along with any required environmental clearance documents, will then be the subject of a public review process as established by the City and the basis for action by the City Council. The City proceeded with the preparation of Environmental Impact Report for the Conexant project. Atkins (PBS &J) was selected and the environmental review process began with completion of an initial study and notice of preparation. This process was discontinued when the Shopoff Group purchased the Conexant property in late 2010. The professional service agreement with Atkins subsequently expired. On July 8, 2011, the Shopoff Group submitted an application for a Planned Community Development Plan, Tentative Tract/Parcel Maps, Traffic Study, Development Agreement, and Affordable Housing Implementation Plan to allow development of the Uptown Newport Village mixed -use development. The Koll Company augmented their previously submitted application for a Planned Community Development Plan Amendment, Traffic Study, and Development Agreement for their proposed development and is now ready to proceed. Each project requires the preparation of an environmental impact report (EIR). The cost for the preparation of an EIR for the Uptown Newport Village project would be in an amount not to exceed $254,114.00 and $329,380.00 for the Koll Center Newport project. ENVIRONMENTAL REVIEW: Retention of consultants is not a project as defined by California Environmental Quality Act (CEQA). 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). 2 Professional Service Agreement with the Planning Center for Environmental Services for the Koll Center Newport and Uptown Newport Village Mixed -Use Developments (PA2010 -132 &PA2011 -134) September 27, 2011 Page 3 Submitted by: Kimberly Brandt, Director Attachments: A. Professional Services Agreement with the Planning Center for the Uptown Newport Village Mixed -Use Development B. Professional Services Agreement with the Planning Center for the Koll Center Newport Mixed -Use Development 3 11 City Council Attachment A Professional Services Agreement with the Planning Center for Uptown Newport Village Mixed -Use Development 5 NO PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER/DC &E FOR ENVIRONMENTAL ANALYSIS FOR THE UPTOWN NEWPORT VILLAGE MIXED USE DEVELOPMENT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of September, 2011 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and The Planning Center /DC &E, a California corporation ( "Consultant'), whose address is 1580 Metro Drive, Costa Mesa, California 92626 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 Council approved an Integrated Conceptual Development Plan (ICDP) for the redevelopment of 25 acres of land known as Uptown Newport Village. The Consultant will be preparing environmental documents for the applicant that will analyze the proposed regulatory plan and development agreement intended to implement the ICDP. C. City desires to engage Consultant to ensure that the environmental review process is carried out in accordance with the California Environmental Quality Act ( "CEQA") ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project shall be JoAnn Hadfield. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on July 5, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services 7 described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of 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. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 Consultant will be paid by the applicant under a deposit account 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 within Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and sub - consultant fees, shall not exceed Two Hundred Fifty -Four Thousand One Hundred Fourteen Dollars and no /100 ($254,114.00) 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) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: The Planning Center -UNV Page 2 g 4.3.1 The actual costs of sub - consultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated JoAnn Hadfield to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole any of its personnel assigned to the City. Consultant warrants that it will complete the Project on a timely basis 6. ADMINISTRATION discretion of City, shall remove from the Project performance of Services upon written request of continuously furnish the necessary personnel to as contemplated by this Agreement. This Agreement will be administered by the Community Development Department. Rosalinh Ung, Associate Planner or her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. The Planning Center -UNV Pag 3 J 7.1.2 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any 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 and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, sub - 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 attorney's fees in any action The Planning Center -UNV Page 4 10 on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent. contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may havek jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review. all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 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. 14.2 Proof 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. 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 The Planning Center -UNV Page 5 during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's proposal. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's .Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in The Planning Center -UNV Pag1e�6 connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence_in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 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. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 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 Agreement. 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- The Planning Center -UNV Page 7 1 venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (256/o) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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 (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word, Excel or portable document format (.pdf). The Planning Center -UNV Paa 8 J 19. 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 authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and "all liability, including costs, for infringement of any United States' letters-patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. 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 paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. The Planning Center -UNV P gf-,� 9 J 25. CONFLICTS OF INTEREST 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons .from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 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. 26. NOTICES 26.1 All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Rosalinh Ung, Associate Planner Community Development Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3208 Fax: 949 - 644 -3229 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: JoAnn Hadfield The Planning Center /DC &E 1580 Metro Drive Costa Mesa, CA 92626 Phone: 714- 966 -9220 Fax: 714 - 966 -9221 27, CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in this Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et segJ. The Planning Center -UNV Page 28. TERMINATION 28.1 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 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. 29.2 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. 29.3 Integrated Contract . This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto; and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 Conflicts or Inconsistencies The Planning Center -UNV Pace-1 1 J 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national_ origin, handicap, ancestry, sex or age. 29.10 No Attorney's Fees In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The Planning Center -UNV Page IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFIC 2TITY ATTORNEY Date: n Leonie Mulvihill Assistant City Attorney ATTEST: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Michael F. Henn Mayor CONSULTANT: THE PLANNING CENTER,, a California corporation Date: Willaim Halligan Vice President, Environmental Services Date: By: Keith McCann Chief Financial Officer Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates The Planning Center -UNV Pa"7� Exhibit "A" The Planning Center -UNV Page 14 20 5. Scope of Work CEQA TASKS The Uptown Newport Village EIR will meet all the requirements set forth in the California Environmental Quality Act (Public Resources Code 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Section 150000 et seq). Specific tasks are as follows: Task 1 Project Initiation /Kick -off Meeting This task will include: • Data Collection and Review — we will review available materials, including reports already prepared forthe Uptown Newport Village project. • Site Visit — we will conduct a site visit and take photos of the site and surrounding areas Kickoff meeting - our Project Manager, Assistant Project Manager, and representatives from each of our technical consultants will attend a project kick off meeting at the City to discuss the proposed project and confirm the project approach, scope, and schedule. This discussion should include known issues and opportunities as observed by City planning staff and the consultant team. Task 2 Initial Study Review /Notice of Preparation Initial Study The Initial Study will Include a comprehensive project description and analyze each topical area of the CEQA Appendix G checklist, plus Energy, as follows. • Aesthetics • Agriculture /Forest Resources • AlrQuality • Biological Resources • Cultural Resources • Geology /Soils • Greenhouse Gases • Hazards /Hazardous Materials • Hydrology/WaterQuality • Land Use & Planning • Mineral Resources • Noise • Population & Housing • Public Services • Recreation • Transportation/Traffic • Utilities and Service Systems • Energy (CEQA Guidelines Appendix F) Findings will be clearly substantiated for each checklist question to conclude that impacts are less than significant or less than significant as mitigated. At this time it is anticipated that the only CEQA topics that will be eliminated from further review (not carried through to the EIR) will be Agricultural /Forest Resources and Mineral Resources. THE PLANNING CENTERIDC &E PROPOSAL EIR FOR THE UPTOWN NEWPORT VILLAGE MxED -USE DEVELOPMENT 11 21 Notice of Preparation The Planning Center will prepare the draft Notice of Preparation and submit it for review and approval by the City. After City approval of the NOP, The Planning Center will copy and distribute the NOP and Initial Study to state and local agencies, surrounding property owners, and other special interest groups or individuals identified by the City. The NOP will clearly identify the time period, contact person, and address established for submitting responses. Deliverable(s): — 2 hard copies and t electronic copy of the Draft NOP /Initial Study — Up to 50 hard copies of the NOPAS for distribution — Certified mailing to agencies and general public — Certified mailing to State Clearinghouse for circulation to state agencies . Task 3 Public Scoping Meeting The Planning Center 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. 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 as soon as possible after the release of the NOP, so public concerns about environmental issues can be identified. Deliverable(s): — Preparation and participation at scoping meeting — Scoping meeting agendas and record of comments — Public handouts of CEQA flow chart, exhibits, PowerPoint slides, questionnaires (up to 50 copies) Task 4 Administrative Draft EIR I and II (ADEIR I & Iq Prior to preparation of the ADEIR, we will submit a comprehensive project description and EIR outline for review and approval by the City. A project - level EIR will be prepared and include the following sections in accordance with the CEQA Guidelines: • Executive Summary • Introduction • Project Description • Environmental Setting • Discussion of Existing Conditions, Environmental Impacts, and Mitigation Measures • Cumulative Impacts • Consideration of Significant Effects • Project Alternatives • Organizations and Persons Consulted • Other CEQA-Mandated Sections Key to a defensible EIR for the Uptown Newport Village project will be a comprehensive project description that details the proposed phasing of the project. We recommend that at the outset of the project, we coordinate with the City and the project applicant to detail project phasing assumptions. Our 12 PLANF41NG 13 THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABOT-5- 5. Scope of Work scope of work assumes that a quantified analysis will be included for our technical studies including air quality, health risk, and noise. We have coordinated with Kimley Horn to add the interim analysis to the traffic scope. The detailed scope of the traffic study should be negotiated at the outset of the project to accurately define the phasing at the outset. Each topical section of the document will: (a) describe existing environmental conditions and pertinent regulatory policies and programs that apply to this project, (b) define the criteria by which Impacts will be determined to be significant, (c) determine the environmental changes that would result from the project, (d) evaluate the significance of those changes with respect to the impact significance criteria (thresholds), (e) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and (f) provide a conclusion as to whether significant impacts would remain, even 'after successful implementation of recommended mitigation measures. A conservative scenario approach will be followed for all analyses included in the EIR. As indicated above, it is anticipated that all CEQA topical sections, with the exception of Agricultural/Forest Resources and Mineral Resources, will be carried through and included in the ADEIR. Analysis and findings of technical studies will be incorporated into the EIR. Technical study scopes are described under reclwica /Studies Complete technical studies (for stand -alone reports) and supporting modeling information (Air Quality, Noise, GHG inventory) will be included in the EIR appendices. As required by the City of Newport Beach, the ADEIR will include the analysis of General Plan policies as applicable to the proposed project in the Land Use and Planning section. Consideration of Significant Effects: As required by CEQA, the EIR will identify and focus on the significant effects of the project, and include the following discussions as required by CEQA Guidelines Section 15126.2: • Effects Not Found to be Significant • Significant Unavoidable Impacts • Significant Irreversible Changes • Growth - inducing Impacts Alternatives to the Proposed Project: Alternatives to the proposed project will be defined and analyzed in compliance with Section 15126(d) of the CEQA Guidelines and with consultation with City staff. Alternatives will be selected on the basis of their ability to: (1) avoid or reduce one or more of the project's significant impacts; and (2) feasibly attain most of the basic objectives of the project. Analyses of up to three alternatives, including the "No Project," will be conducted. As designed to reduce or eliminate any significant Impacts, alternatives may include construction phasing alternatives, land use modifications, and depending upon the timing of the Koll Center project, may be structured to include alternatives that also address alternatives to that project. Alternatives that were considered but eliminated from further THE PLANNING CENTER I DC &E - PROPOSAL - EIH FOR THE UPTOWN NEW FOR I VILLAGE PAIAEO -USE DEVELOPMEN 1 21� consideration will also be documented. The environmentally superior alternative will be identified; if it is either No- Project Alternative, then one of the development alternatives will be identified as environmentally superior to the others. Our scope of work Includes two round of review of the ADEIR. Deliverable(s): — 2 hard copies and 1 electronic copy of Draft Project Description and EIR Outline — Up to 8 hard copies with technical appendices on CDs of ADEIR I -- Up to 8 hard copies with technical appendices on CDs of ADEIR II Task 5 Pre -Print and Draft Environmental Impact Report (DEIR) The Planning CenterlDC &E will incorporate City comments on the two round of review of the ADEIR. Upon approval of the second set of revisions, we will forward the Pre -Print Draft EIR for final review before publication. Upon approval we will prepare the Notice of Completion (NOC) for City approval and signature. We will also prepare the Notice of Availability (NOA) for City approval for distribution by the City and publish and distribute the DEIR per the mailing list to be developed in consultation with the City. Deliverable(s): — Up to 2 hard copies with technical appendices on CDs of the Preprint Draft EIR — Up to 50 hard copies with technical appendices on CD of the Draft EIR — Preparation of the NOA and NOC — Certified mailing of up to 50 copies of the Draft EIR to recipients on the approved distribution list and State Clearinghouse — 1 copy of the Draft EIR in an acceptable web - friendly format for the City's website — 1 hard copy of all technical reports Task 6 Final EIR - Response to Comments /Errata Response to Comments received on the Draft EIR will be prepared in accordance with CEQA Guidelines Section 15089. Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment. A Response to Comments section will be created for the Final EIR and will contain an introduction describing the public review process for the Draft EIR, copies of all comment letters and minutes from public meetings where oral comments were taken, and written responses to all comments. Responses will focus on comments that address the adequacy of the Draft EIR. Comments that do not address EIR adequacy will be noted as such and no further response will be provided unless deemed necessary by the City. Responses will be prepared by The Planning CenterlDC &E with input from our technical specialists, as needed. 14 PLANNING IS THINKING AND WING SOMETHING ABOu r THE FUTURE NOW. LEI'S COLLAI f4- b. Scope of Work As noted in the RFP, an estimate of up to 100 hours of professional time to respond to comments has been included. 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 comments received from agencies or the general public require substantially increasing the scope of impacts and issues addressed in the EIR. The Final EIR will also include any revisions, updates, or corrections needed to respond to comments or address minor errors in the Draft EIR. The Planning Center will revise the Responses to Comments based on revisions provided by the City. Responses to Comments from responsible agencies will be distributed a minimum of 10 days prior to consideration of the Final EIR by the City Council. Deliverable(s): — Up to 50 hard copies of the Final EIR - Response to Comments/Errata — Distribution of the Response to Comments to Commenting Agencies — 2 hard copies of the Final EIR (Draft EIR, Response to Comments/Errata, and Technical Appendices (on CDj). MMRP as described below to be included in this deliverable. Task 7 Mitigation Monitoring and Reporting Program An MMRP will be prepared, pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format and will identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. Deliverable(s): — 2 hard copies and 1 electronic copy of MMRP Task 8 Findings of Fact and Statement of Overriding Considerations and NOD The Findings of Fact will be prepared consistent with the requirements of CEQA. The draft Findings of Fact and MMRP will be distributed to the City for review and comment. If required, we will prepare a Statement of Overriding Considerations (SOC) for the project, consistent with the requirements of CEQA. Notice of Determination: A draft Notice of Determination (NOD) will be prepared for review by the City. After the City takes action certifying the Final EIR and approving the project, the NOD will be filed with the Office of Planning and Research (OPR) and the Orange County Clerk. The Planning CenterlDC &E will prepare and file the CDFG fee. THE PLANNINGCENTERIDC &E- PROPOSAL - EIR FOR THE UPTOWN NEWPORT VILLAGE MIXED-USE DEVELOPMENT 29 Deliverable(s): — 2 hard copies and 1 electronic copy of the Draft Findings of Fact and Statement of Overriding Considerations — Notice of Determination and CDFG filing — 1 set of CDs of the Notices, Initial Study, Final EIR, and Findings of Fact in Word and appendices Task 9 Meetings /Public Hearings In accordance with the RFP, our scope of work includes our attendance at the following meetings and public hearings: The Planning CenterlDC &E + Kick -off meeting — attendance by our PM, Asst. PM and AQ /Noise specialist (cost included in Task 1) + Up to 6 additional City staff /team coordination meetings (PM and either Asst PM or AQ /Noise specialist) + 1 Public Scoping Meeting (PM and Asst. PM, cost Included in Task 3) + 2 Public Meetings (PM and AQ /Noise specialist). Additional meeting attendance by The Planning Center or attendance by other members of the consultant team will be billed on a time - and - materials basis in accordance with the hourly rates for the personnel involved. Subconsultant Meeting Attendance The scope of work for each of our technical subconsultants is detailed in the following section. For clarity, however, the assumed meetings /hearings for each Subconsultant are as follows: • Cadre Environmental (biological resources): kick -off meeting, 1 City staff coordination meeting, and 2 public meetings • Cogstone Resource Management (cultural resources): kick -off meeting • Kimley Horn (transportation /traffic): kick -off meeting, public scoping meeting, 5 City staff coordination meetings (combined Koil Center /Uptown Village meetings), and 2 public meetings Task 10 Project Management The Planning Center will coordinate closely with the City to ensure that the EIR and associated documents are legally defensible, accurate, and useful to decision makers when considering the approval of the project. Project management responsibilities include: task scheduling and assignment; management of resources; monitoring of costs and schedule adherence; management and coordination of subconsultants, including contract 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 also includes the activities detailed under Section 4, Coordination. This task is based on an estimated hours /week for the estimated schedule in this proposal for the Project Manager and Assistant Project Manager. If this schedule is extended 16 PLANNING IS THINKING AND DOING SOMETHING ABOUTTHE FUTURE NOW. LET'S COLLABORATE. 5. Scope of Work beyond the control of The Planning CenterIDC &E, a budget augment may be requested for this task. TECHNICAL STUDIES THE PLANNING CENTERS DC &E Air Quality Analysis The Planning CenterlDC &E will prepare an air quality analysis for construction and operational activities associated with the Uptown Newport Village. The air quality analysis will be based on the current methodology of the South Coast Air Quality Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB), and modeling files will be included as an appendix to the EIR. The air quality analysis will provide an estimate of short - term and long -term criteria air pollutant emissions using SCAQMD's most recent computer model, CaIEEMOd. Criteria air pollutant emissions will be compared to the SCAQMD's regional significance thresholds for the project's construction and operational phases. Average daily trip generation provided by Kimley -Horn Associates will be incorporated into the CalEEmod program for the project's operational phase. The construction phase regional emissions inventory will be based on the construction phasing and schedule, preliminary equipment list, demolition volumes, and soil export for remediation activities developed for the Uptown Newport Village provided by Shopoff Group. 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 residential areas surrounding the project site. Consistency of the project's regional emissions will also be evaluated against the SCAQMD Air Quality Management Plan. Mitigation measures that reduce impacts will be identified, as necessary. The California Air Resources Board (CARB) and the California Air Pollution Control Officer's Association (CAPCOA) have adopted guidelines for siting new sensitive receptors near major sources of pollution, including high volume roadways and industrial land uses. Based on a review of data obtained through SCAQMD's Facility Information Database (FIND), Phase 1 of the proposed project would be adjacent to Jazz Semiconductor, Inc. Following a third -party peer review, the conclusions of the health risk assessment (HRA) will be incorporated in the EIR to determine if onsite sensitive receptors would be exposed to excessive concentrations of toxic air contaminants. Based on the results of the HRA, the EIR will describe potential impacts from proximity to major stationary sources within 1,000 feet of the residential buildings and outdoor recreational areas. Mitigation measures will be incorporated as necessary. Deliverable(s): — Air Quality Analysis, to be included as an appendix to the EIR THE PLANNING CENTER DC &E - PROPOSAL -EIR FOR THE UPTOWN NEWPORTVILLAGE MIXED-USE DEVELOP -MENT �.17 Greenhouse Gas Emissions Analysis Pursuant to the recently revised CEQA Guidelines (effective March 18, 2010) and the latest methodology proposed by SCAQMD, the Planning CenterlDC &E will quantify project - related GHG emissions using SCAQMD's CalEEMod program. CaIEEMod calculates GHG emissions from transportation sources, area sources (landscaping fuel, architectural coatings, consumer products), energy sources (natural gas consumption, energy use), water and wastewater, waste, and vegetation.. In addition, total GHG emissions from construction activities will be amortized into the project GHG emissions Inventory. The GHG analysis will also discuss potential global climate change impacts, the effects of GHG emissions, and history of GHG emissions regulation in California. SCAQMD's new CaIEEMod program calculates GHG emissions reductions from recently adopted programs and regulations, including improvements in fuel efficiency, state building code energy efficiency, and landscaping water efficiency. Project consistency with statewide GHG emissions reduction strategies (CARB Scoping Plan) and measures taken by the City to reduce GHG identified in the Uptown Newport Village and City of Newport Beach General Plan will also be reviewed. Mitigation measures will be incorporated, as necessary, to reduce potentially significant impacts of the project. Deliverable(s): — Greenhouse Gas Emissions Analysis, to be included as an appendix to the EIR Noise and Vibration Analysis The Planning CenterlDC &E will prepare a noise and vibration analysis for construction and operational activities associated with the Uptown Newport Village Plan. The noise analysis will be consistent with the noise standards and criteria of the City of Newport Beach and State of California, including the City of Newport Beach Municipal Code and General Plan and State Building Code. Noise levels within the vicinity of the project site are characteristic of an urban area. The primary sources of noise in the project vicinity are traffic on Von Karman Avenue and Birch Street. In addition, while the project site is not under the direct flight path for aircraft at the John Wayne Airport, noise from aircraft activities is audible onsite. Portions of the Uptown Newport Village are within the 60 OIBA CNEL noise contour for the airport but are located outside of the 65 dBA CNEL noise contour. To document traffic noise levels within the vicinity of the Uptown Newport Village, traffic noise modeling will be based on the Federal Highway Administration's (FHWA) Traffic Noise Model and on average daily roadway volumes provided by Kimley -Horn Associates. Short - term noise monitoring will be conducted during the traffic peak hours to obtain average noise levels in the project area and confirm modeling results. Changes in ambient traffic noise levels at buildout of the project and from cumulative growth in the region will be analyzed to determine if the project - related traffic significantly increases the ambient noise environment or contributes to significant cumulative noise increases. 18 PLANNING 13 THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE,,. 5. Scope of Work The noise analysis will also describe changes in the noise environment generated by conversion of existing land uses. Noise impacts from non - transportation noise sources will be based on the noise limits of the City of Newport Beach's Municipal Code. The State Building Code requires that interior noise levels achieve 45 dBA CNEL. The noise analysis will assess noise compatibility based on the City's noise compatibility criteria of 65 dBA CNEL and state's interior noise standard of 45 dBA CNEL The noise analysis will provide an estimate of short -term noise and vibration levels associated with construction activities. The level of significance will be based on the magnitude of noise and vibration generated at adjacent noise - sensitive receptors and the length of construction activities. Mitigation measures that reduce construction Impacts will be identified, as necessary. Deliverable(s): — Noise Analysis, to be included as an appendix to the EIR SUBCONSULTANT TECHNICAL STUDIES The meeting and hearing attendance for technical subconsultants is detailed under Task 9 under CEQA Tasks. In accordance with the RFP, we will rely on the following technical studies that will be provided by the project applicant. • Hydrology and Drainage Studies • Preliminary Water Quality Management Plan • Geotechnical Investigation • Phase I and 11 Environmental Site Assessment • Health Risk Assessment • Shadow Study Exhibits The Planning CenterlDC &E's subconsultants will prepare the following technical studies. Biological Resources Assessment and Documentation Cadre Environmental will prepare a biological resources assessment in support of an EIR. The following scope of work is anticipated to be required for the preparation of this technical document. The following tasks will be conducted in a collective effort to characterize existing biological conditions, determine the presence /absence of sensitive natural resources, and develop documentation. Biological Resources Assessment Literature Review An updated review of the current California Department of Fish and Game Natural Diversity Database, California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California, and United THE PLANNING CENTER IDC &E- PROPOSAL- EIR FOR THE UPTOWN NEWPORT VILLAGE "IXED -USE DEVELOPMENT �� States Fish and Wildlife Service sensitive species and critical habitat databases will be conducted prior to initiating field investigations in order to identify any potential threatened or endangered species and critical habitats known to exist within and /or adjacent to the project site. Habitat Assessment Cadre Environmental will conduct a habitat assessment of the project site to identify and map all potential nesting bird habitat. As noted in the Initial Study prepared for the adjacent Uptown Newport Village project and conducted by PBS&J in 2010, "Potentially Significant Impacts" may occur to sensitive /migratory nesting and roosting birds as a result of project - related impacts to existing trees. Therefore, based on the Immediate proximity and similar constraints of the projects, all potential nesting bird habitat, including the existing pond, will be classified and mapped using a GPS, and the findings will be incorporated into a Geographic Information System (GIS) for use during further environmental compliance /engineering analyses (State Plane NAD83, Zone 11 — feet). All common and sensitive bird species observed during the initial habitat assessment will be documented /mapped as discussed below and addressed in the Biological Technical Report. Target species and potential constraints include but are not limited to: • Direct /Indirect Impacts to Sensitive Nesting /Roosting Birds • Direct /Indirect Impacts to Migratory Nesting /Roosting Birds Sensitive /Migratory Bird Species Surveys Based on a review of the Initial Study prepared for the project site and known sensitive bird species occurrences within the region, focused surveys for resident and migratory bird species are recommended. Specifically, the surveys will focus on characterizing species richness, habitat use (foraging, roosting, and /or nesting), and estimated population numbers within the project site. Cadre Environmental recommends that surveys be conducted during the non- breeding and breeding season to credibly characterize habitat usage. At least one comprehensive survey of all natural habitats (trees and existing pond) located within and adjacent to the project site should be conducted between both September 1st to January 31st and between January 31 st to August 31st based on climatic conditions that provide for the detection of all species present. The location of all sensitive /migratory bird observations, territories, and breeding status, including incidental observations of common species will be mapped and illustrated in the Biological Technical Report. The report will include a description of survey methodology, vegetation communities (trees) documented onsite (including table of acreages), survey results indicating location of all sensitive species documented onsite, compendia of all common wildlife species documented onsite, and discussion of the existing baseline bird population conditions (number of pairs, extent of territories, breeding status, etc.). This report will be prepared according to accepted scientific and technical standards and all other pertinent reviewing agencies and organizations. To the extent possible within an inherently technical 2U PLANNING IS THINKING AND DOING SOME WING ABOUT THE PUIUHE N0W. LEPS CGLLABU(�ki� 5. Scope of Work discipline, report language will be designed for understanding by the lay reader. Documentation (Biological Technical Report) Draft Biological Technical Report A Biological Technical Report (including supporting graphics) for use in the preparation of an EIR will be prepared pursuant to the requirements of CEQA, California Public Resources Code Sections 21000 et seq., CEQA guidelines, Title 14, California Code of Regulations 15000 et seq., and the City of Newport Beach's CEQA procedures. Specifically, text sections will include a discussion of the environmental setting (vegetation communities, general and sensitive floral /faunal species habitats, trees), significant direct /indirect and cumulative impacts, and associated mitigation measures proposed to reduce impacts. Response to Comments Response to comments received during the public /agency circulation of the Draft EIR (DEIR) will be prepared for all biological resource issues. Responses will also be prepared for verbal comments received during public hearings. Draft /Final EIR Review All biological sections (including supporting graphics) for a Final EIR will be updated based on public and agency edits and comments received during the review process. Specifically, three drafts will be reviewed and updated - DEIR I and 11, and Pre /print Review of DEIR. Meetings /Coordination This task includes participation in the meetings and hearings outlined in Task 9 of the CEQA Task. Presentation materials and meeting preparation efforts will also be conducted, as needed, including but not limited to mapping and Power Point presentations. Deliverable(s): — Biological Technical Report, to be included as an appendix to the EIR Cultural Resources Assessment Cogstone will prepare a cultural resources assessment in support of an EIR. The following scope of work is anticipated to be required for the preparation of this technical document. Cultural resources under CEQA include paleontological, archaeological, and historical resources. Cogstone will prepare a literature study to determine the existence of previously recorded cultural resources within the project boundaries plus a one -mile radius. Records pertaining to paleontology will be searched at the Natural History Museum of Los Angeles County and in published sources. Records pertaining to archaeology and history will be searched at the South Central Coastal Information Center. The local historical society and archives will be contacted for any additional information. A record search for sacred lands will be requested from the Native American Heritage THE PLANNIN'GCEMERIOC &E- PROPOSAL - EIR FOR THE UPTOWN NEWPORT VILLAGE MIXED -USE DEVELOPMENT 321 Commission. In addition, we will send subsequent letters to all Native Americans the Commission recommends be contacted. Background research is required in order to provide context. The cultural resources technical report will include regulatory environmental, background, and all results. In addition, project - specific management recommendations will be provided. Meetings /Coordination This task includes participation in the kick -off meeting outlined in Task 9 of the CEQA Task Deliverable(s): — Cultural Resources Technical Report, to be included as an appendix to the EIR Traffic Impact Analysis As subconsultant to The Planning CenterlDC &E, Kimley -Horn and Associates, Inc. (KHA) will prepare a traffic impact analysis in support of an EIR. The following scope of work is anticipated to be required for the preparation of this technical document. Based on our review of the original proposal from Kimley -Horn, we requested them to add to another scenario to their analysis. Because of the long duration between phases (due to the long -term lease of the Jazz facility), it is important to analyze an interim traffic phase after buildout of the initial phase, Our cost estimate includes this analysis. Scope of Services 1. KHA will participate in a project kick -off meeting outlined in Task 9 of CEQA Tasks. 2. Obtain information from the project team regarding the existing and proposed site uses, including land use and quantity of existing development; and size, quantity, and layout of the proposed development plan. 3. Conduct a site visit of the project area and document existing roadway conditions on the roadways surrounding the project site. 4. Meet with City of Irvine representatives to introduce the project and to discuss traffic study issues and requirements in the City of Irvine. All subsequent tasks in this preliminary scope reflect our assumptions of the study elements that will be needed to address Irvine issues. If different or additional requirements are imposed after meeting with the. City of Irvine, appropriate adjustments to the scope, schedule, and fee will be made accordingly. 5. Develop project trip generation estimates for the proposed project using the Institute of Transportation Engineers (ITE) Trip Generation publication (8th Edition). Trip generation estimates will include the appropriate trip credit for existing site uses that will be removed. 22 PLANNING IS 'I HINKING AND DDING SOMETHING ABDOI 'I HE FUTURE NOW. LEI's GOLLA"It. 5, Scope of Work 6. Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of project patrons, employees, and residents. Input from the project applicant will be solicited for this task. Project traffic will be distributed through the study intersections, and the project traffic contribution to each intersection will be identified. 7. Project trip generation and trip distribution assumptions and analysis methodology will be presented to City staff for review and concurrence prior to proceeding with the analysis phase of the study. 8. Obtain TPO Committed Project information, including project trip generation and distribution, from the City of Newport Beach. Where necessary, develop trip distribution and assignment assumptions for each committed project through the study intersections. 9. Obtain cumulative project information from the City of Newport Beach and the City of Irvine. Develop trip distribution and assignment assumptions for each cumulative project through the study intersections. The Koll Center Newport project will be included in the cumulative project list for the Uptown Newport Village. 10. Compile committed and cumulative project traffic volumes through all study intersections. 11. Conduct a preliminary analysis to determine the extent of the traffic study area, based on the City of Newport Beach TPO 1% analysis and applicable environmental impact criteria. The following remaining tasks will apply only to the study intersections that meet the 1 % criteria. 12. For budgeting purposes, it is assumed the study intersections will be consistent the same study intersections included in the draft traffic study. The study intersections include a total of 43 intersections, with a combination of intersections in the Cities of Newport Beach, Irvine, and shared intersections between the two cities. KHA and City of Newport Beach staff will work with City of Irvine staff to confirm the study intersections in the City of Irvine prior to proceeding with the analysis. 13. Current peak hour traffic data for the primary intersections in the City of Newport Beach will be provided by the City of Newport Beach. It is assumed that KHA will collect morning and evening peak hour traffic data at the remaining study intersections, including the intersections In the City of Irvine. 14. Intersection analysis of Newport Beach intersections will be conducted using the Intersection Capacity Utilization (ICU) methodology, consistent with the City of Newport Beach TPO requirements. Analysis of the City of Irvine intersections will be conducted using the Irvine analysis methodology. 15, For Caltrans intersections (intersections on a state highway), the intersection analysis will also be conducted using the Highway Capacity Manual (HCM) methodology as required by the Caltrans Guide for the Preparation of Traffic Impact Studies. THE PLANNING CENTER I DC &E - PROPOSAL- EIR FOR THE UPTOWN NEWPORT VILLAGE MIXED -USE DEVELOPMENT 23 33 16. Obtain information from the City of Newport Beach and the City of Irvine regarding any committed intersection improvements planned to be completed by one year afterthe project opening. 17. Summarize operating conditions at the study intersections for the following scenarios: a. Existing Conditions b. Existing Plus Project c. One Year after Opening – TPO Analysis: I. Existing Plus Growth Plus Committed Projects ii. Existing Plus Growth Plus Committed Projects Plus Project d. One Year after Opening – CEQAAnalysis /nitia /Phase. I. Cumulative Conditions ii. Cumulative Conditions Plus Project e. One Year after Opening – CEQAAnalysis ProjectBui/dout I. Cumulative Conditions ii. Cumulative Conditions Plus Project 18. Identify project impacts and any mitigation measures, if necessary. If mitigation is required, a conceptual drawing of the recommended improvement will be provided. For budgeting purposes, it is assumed that record drawings of any study intersection will be available from the City, and that a mitigation concept plan will be prepared for up to four study intersections. If additional mitigation concept plans are required, an additional fee of $750 per intersection will be required. This task will also include preliminary cost estimates and project contribution percentages for each of the mitigated intersections. 19. Conduct an analysis of the project's impacts on freeway mainline, merge lanes, and ramp facilities in the project study area—specifically, 1-405 (San Diego Freeway), SR -55 (Costa Mesa Freeway), and SR -73 (Corona del Mar Freeway). 20. Evaluate the proposed parking supply to determine whether it will meet City of Newport Beach parking requirements. KHA will provide recommendations based on shared parking synergies for the mixed -use components of the site. 21. Provide recommendations on measures to reduce the occurrence of non - project traffic cutting through the development. 22. Prepare traffic signal warrant analysis at the unsignalized study intersections using the current MUTCD method for projected daily traffic or peak hour traffic volumes. 23. Prepare a draft traffic impact study documenting all data, analyses, results, and conclusions to be submitted to the City of Newport Beach. 24 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABOORRAT�, 5. Scope of Work 24. Review the draft transportation section of the Screencheck EIR. One review and mark -up is assumed. 25. Respond to consolidated project team comments on the draft traffic study to the extent that no new data collection and /or analyses are required. A total of up to 16 hours is assumed. Responses requiring a greater amount of time, or requiring additional data collection and /or analyses will be completed for an additional fee to be negotiated prior to initiating additional responses or analysis. 26. Prepare a final traffic study incorporating responses to comments made on the draft traffic impact study report. 27. Respond to traffic - related public comments on the draft transportation section of the Draft EIR, to the extent that no new data collection and /or analyses are required. A total of up to 24 hours is assumed. Responses requiring a greater amount of time, or requiring additional data collection and /or analyses will be completed for an additional fee to be negotiated prior to initiating additional responses or analysis. 28. KHA will participate in the meetings and hearings outlined in Task 9 of the CEQA Task. 29. Evaluate Construction Traffic: a. Obtain information from the Project Applicant regarding planned construction activities, including: I. Type and quantity of construction vehicles, H. Size construction crew, iii. Planned staging areas for construction equipment, iv. Parking provisions for construction workers, v. Magnitude of grading cut or fill, vi. Amount and duration of grading, demolition, and construction activities, vii Planned haul routes, and viii Other information relevant to construction - related traffic impacts. b. Quantify the amount of construction - related traffic associated with the project, based on the information provided. The construction schedule and program will be reviewed to determine if significant traffic, pedestrian, or parking - related impacts will occur during the construction activities for the proposed project. The City's standard regulatory requirements regarding construction traffic management, schedules, and operations will be described. 30. Provide an analysis of alternative travel modes, including current and proposed public transit service and amenities in the project area; pedestrian facilities currently In place and proposed or recommended for the project; area -wide bicycle plans, and on -site bicycle facilities currently in place or recommended for the project. THE PLANNING CENTER I OCM -PROPOSAL - EIR FOR THE UPTOWN NEWPORT VILLAGE MIXED-USE OEVELOPM ENT �op 26 Notes + Tasks 1 through 23 were substantially completed for the Conexant (Uptown Newport Village) portion of the project, and a draft traffic study was submitted in August, 2010. Some of the products produced as a result of the efforts expended for these tasks can be used for the new effort, as explained below. — All existing conditions descriptions (roadways, intersections, transit routes, etc.) will be confirmed and updated, as necessary, to reflect current conditions. — New traffic count data will need to be collected. — All information for Committed and Cumulative Projects will need to be updated to reflect current conditions. — The analysis software network and structure will be retained. All analysis inputs will need to be updated to reflect new baseline data. — For Task 17, the impact analysis will address traffic conditions for Phase 1 and Phase 2 of the Uptown Newport Village project. — The templates for the technical tables and figures will be retained. Each table and figure will be revised, as necessary, to reflect updated data and results. — The report format and text will be substantially retained, with revisions, as necessary, to reflect updated data and results. — For budgeting and cost savings purposes, it is assumed that the five project meetings will be combined meetings with the Koll Center Newport project, and that Kimley- Horn's attendance at public meetings or hearings for the Uptown Newport Village project will be reduced to three. All remaining tasks were either not completed, or the efforts or results of the tasks from the prior effort cannot be applied to the current effort. The proposed fee assumes that Kimley -Horn will work with the project team on this project concurrently with the Koll Center Newport project, and that efficiencies and cost savings will be realized by coordinating certain efforts for the two projects. For example, it is assumed that both studies will have the same study area and study intersections, that the Opening Year will be the same for both, and that the TPO Committed Projects and the CEQA Cumulative Projects lists will be the sarne for both. If one or the other of the projects is cancelled or delayed such that work efforts do not take place in generally the same timeframe, or the assumptions stated above are no longer applicable, then the fee for each project will be adjusted accordingly. The proposed fee is based on specific assumptions about the scenarios to be analyzed, the number of meetings Kimley -Horn will participate in, the number of report review and revisions, and the number of hours required to respond to public comments to the EIR Transportation section. If additional issues not covered here are raised for analysis, or if Kimley -Horn is required to attend additional meetings, or if additional hours are required to address City and public comments, an additional authorization will be required. Deliverable(s): — Traffic Impact Analysis, to be included as an appendix to the EIR PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW, LET'S COLLABORATE. so PROJECT COST ESTIMATE Uptown Newport Village - EIR (updated 8/31/11) THE PLANNING CENTER City of Newport Beach Billing Rate: Role: Title: TASK /SUBTASK DESCRIPTION $180 Hadfield Dlr.IPM $170 Clendening $165 Fitzgerald $120 Estrada $120 Vermilion $100 C. Kim $85 Vang $85 Milroy $85 Boyer $80 Nakama $95 _Froelich_ $80 Munoz $75 Staff Total Hours TotaI TPC Costs Subconsultant s TOTALBUDGET ESA _ HRA Asst PM Sr. Planner) Scientist/ Designer 1 NolselA01 GHG Shadel Shadow Asst. PMINoiselAO Asst PInJCEOA Asst Pin. ICEOA Graphics Editor word Proc. Clerical P rincipal Team Leader/ Director Sr. Planner) Scientist/ Designer II Assoc. Planner) SclengsODesignerll Assoc. Planner) Sciemist/ Designeri Asst Planner) Scientist/ Designer ll Asst Planner/ Sclengstf Designer 1 GISICAD operator II Graphic Artist Technical Editor Word Processor Cledcall Admin a. . Task 1 Project Initiation Data Collection /Site Visit 4 8 4 16 $2,020 $2,020 Kick Off Meeting 4 4 1 4 1 1 1 1 12 1 $1,6801 1 $1,680 Subtotal Task 1- Project Initiation 8 0 0 12 4 0 0 0 4 0 0 0 0 1 28 1 $3,700 $0 $3,700 Task 2 Initial.5tudy /NOP Initial Study 8 6 20 8 4 6 1 52 1 $5,360 1 $5,360 Notice of Preparation 2 4 4 1 10 1 $1,1801 1 $1,180 Subtotal Task 2- IS /NOP 10 0 0 10 0 D 0 24 0 8 4 6 0 1 62 1 $6,540 $0 $6,540 Task 3 Public Scoping Meeting Public Scoping Meeting (incl material prep) 4 8 1 12 1 $1,680 1 $1,680 Subtotal Task 2- Scoping Meeting 4 0 0 8 0 0 0 0 0 0 0 0 0 12 $1,680 $0 $1,680 Task ADEIRI &II Task 4.1 ADEIR I Project Desc /Setting /Summary (includes phases) 8 14 16 38 $4,480 $4,480 Aesthetics (incl Shade /Shadow) 8 20 28 $3,840 $3,840 Air Quality /GHG /energy (tech study below) 4 12 16 $2,160 $2,160 Biological Resources 2 8 10 $1,040 $1,040 Geotechnical 4 16 20 $2,080 $2,080 Hazards /Hazardous Materials (HRA peer review below) 8 8 8 24 $3,440 $3,440 Hydrology and Water Quality 4 24 28 $2,7601 $2,760 Land Use and Planning 12 20 32 $4,560 $4,560 Noise (tech study below) 4 4 $720 $720 Population & Housing 4 32 36 $4,560 $4,560 Public Services 4 8 32 44 $4,400 $4,400 Recreation 2 12 14 $1,800 $1,800 Transportation/Traffic 12 1 1 1 36 48 $5,220 $5,220 Utilities & Service Systems 4 16 20 $2,080 $2,080 Project Alternatives 24 24 16 1 1 64 1 $8,5601 $8,560 Misc. Chapters (Intl Growth Inducing Impacts /Significant Irreversible Impacts) 2 2 16 20 $1,960 $1,960 Graphia /Editing/WP 40 48 48 12 148 $12,500 $12,500 Subtotal Task 4.1 -ADEIR 11 106 0 8 132 12 0 52 1 88 48 40 48 48 12 1 594 1 $66,160 $0 $66,160 Review /Revisions Round 1 12 8 8 8 1 36 1 $4,4801 1 $4,480 Review /Revisions Round 2 6 6 4 4 _ 20 1 $2,4801 1 $2,480 Subtotal Task 4.1 -ADEIR II 18 0 0 14 0 0 12 12 0 0 0 0 0 56 $6,960 $0 $6,960 Subtotal Task 4 -ADEIR I & II 124 0 8 146 12 0 64 100 48 40 48 48 12 1 650 $73,120 $0 $73,120 Task 5 Pre -Print and Draft EIR Pre -Print EIR (final revisions /review) /Draft 2 8 4 12 12 1 38 1 $3,7401 $3,740 NOA 1 4 1 1 1 7 1 $835 $835 Subtotal Task S- Pre -Print & Draft EIR 3 0 0 12 0 0 0 0 0 4 13 13 0 1 45 1 $4,575 $0 $4,575 Task 6 Final EIR - RTC /Errata RTC 30 8 32 4 12 6 8 100 $13,2501 1 $13,250 Revisions to DEIR 8 12 2 4 26 $3o4601 1 $3,460 Subtotal Task 6 -Final EIR 38 0 8 44 6 0 16 6 8 0 0 0 0 1 126 1 $16,710 $0 $16,710 Task 7 Mitigation Monitoring & Reporting Program MMRP 1 2 7 2 11 1 $1,4401 1 $1,440 Subtotal Task 7- MMRPj 2 1 0 0 7 2 0 0 0 0 0 0 0 0 1 11 1 $1,440 $0 $1,440 S7 PROJECT COST ESTIMATE Uptown Newport Village - EIR (updated 8/31/11) THE PLANNING CENTER City of Newport Beach Billing Rate: Role: Title: TASK /SUBTASK DESCRIPTION $180 Hadfield $170 Clendening $165 Fitzgerald $120 $120 Vermillon $100 C. Kim $85 Vang $85 Milroy $85 Boyer $80 Nakama $95 Froerich $80 Munoz $75 Staff Total Hours Total TPC Costs Subconsultant s TOTAL BUDGET _ Oir1PM ESA _ HRA _Estrada Asst. PM NoiseIAOIGHG Shaded Shadow ASSL PMINoIselAO Asst. PInJCEQA Asst Pin..ICEQA Greenlee, Editor Word Proc. Clerical Principal Team Leaded Director Sr. Planner/ Sclentlslf Designer II Sr. Planner/ Scientist] Designer 1 Assoc. Planner) Sclentlst/Designerll Assoc. Planner) Scientist] Designer l Asst Planner/ ScrntisVDesignerll Asst. Planner) Scientist/ Designer I GISICAD Operator II Graphic Artist Technical Editor Word Processor Clericall Admin Task FOF /SOC /NOD FOF and Statement of Overriding Considerations 8 1 j 2 1 I i $65 Other 16 I I I I � � I 24 $2,800 $2,800 NOD 1 I $225 3 1 I I I I $2,839 Mileage (at IRS approved rate_) (10 trips @16 mi rd. trip) 1 $540 Subtotal Task 8- FOF /SOC /NOD 9 0 0 3 0 0 0 0 16 0 0 0 0 24 $3,340 $0 $2,800 Task Meetings /Hearings City Coordination Meetings (6) ! $23,274 18 9 9 36 $5,130 $5,130 Public Meetings (2) 8 8 1 16 1 $2,2801 1 $2,280 Subtotal Task 9- Meetings/Hearingsl 0 0 26 9 17 0 0 0 0 0 0 0 0 1 52 1 $7,410 $0 $7,410 Task 10 Project Management Project Management 1 52 78 _ 130 _ $18,720 $18,7 Subtotal Task 10 - Project Management 52 0 0 78 0 0 0 0 0 0 0 0 0 130 $18,720 $0 $18,720 CEQA TASKS TOTAL LABOR 250 0 42 329 41 0 80 130 76 52 65 67 12 1,140 1 $137,235 $0 $136,695 The Planning Center Air Quality /GHG Health Risk Assessment (peer review only) Environmental Site Assessment (peer review only) Noise 64 10 74 $8,530 $8,530 8 8 $1,320 $1,320 4 4 1 $680 $680 46 8 54 $6,200 $6,200 Subtotal TPCIDC &E Technical Studiesl 0 1 4 1 8 1 0 1 110 0 18 0 0 0 0 0 0 1 140 1 $16,730 $D $16,730 Subconsultants (billed at cost+ 30 %) Cadre(Bio) Cogstone (Cultural) Kimley -Horn (Traffic) 1 0 1 $0 $6,4801 $7,128 1 0 1 $0 $8,7271 $9,600 1 0 1 $0 $55,1701 $60,687 Subtotal Technical Studies - Subconsultants 0--T----6- 0 0 1 0 1 0 0 1 0 1 0 1 0 0 0 0 0 0 1 $0 $70,3771 $77,415 TECHNICAL STUDIES TOTALS 0 4 8 0 110 0 18 0 0 0 0 0 0 1 140 1 $16,7301 $70,377 $94,145 0 °% 3% 6% 0% 79% 0% 13% 0% 0% 0% 0% 0% 0% 100% /< ..:; %r- i', / /', ^•. „;< -. N/A $153,9651 $70,377 $230,840 Labor Subtotal $230,840 Reimbursable Expenses (includes 10% mark -up) $23,274 GRAND TOTAL $254,114 1) Traffic budget includes reimbursable expenses and intersection counts. BREAKDOWN OF REIMBURSABLE EXPENSES The Planning Centerl DC&E Overnight Certified 520 $5 Initial Study Draft EIR DEIR Appendices Final EIR FOF &SOC MMP CDs $50 $150 .$150 $1GO 575 $25 $10 Report Reproduction _Initial Study 31 501 52 $2,920 Draft EIR _ 31 50 68 11 67-_, I $11,330 Final EIR 31 _ SO! SOF 2 I $5,330 FOF & SOC _ I 1' 1 2! 2' I $175 Mitigation Monitoring Program 1 j 2 1 I i $65 Other I I I I � � I County Filing Fees ($75 each: NOP, NOA, and NOD) j I I I I I $225 California Department of Fish and Game Fee ($2,839.25) I I I I $2,839 Mileage (at IRS approved rate_) (10 trips @16 mi rd. trip) Miscellaneous Copies I I 5300 I I I Subtatal ! $23,274 2) The reimbursables budget is an estimate only and will be billed at cost plus 10 %. If additional copies are requested by the City, they will be billed at cost plus 30% and are extra to contract. j U �eJ U 7 . Cost Estimates i The Planning CenterIDUE 2011 Standard Fee Schedule Staff Level Hourly Rate Principal $200 -$250 Director ream Leader $140 -$225 Sr. Planner /Scientist/Designer 11 $135 -$215 Sr. Planner /Scientist/Designer 1 $115 -$155 Associate Planner /Scientist/Designer If $105 -$130 Associate Planner /Scientist/Designer 1 $95 -$110 Assistant Planner /Scientist/Designer II $80 -$100 Assistant Planner /Scientist/Designer 1 $60 -$80 GIS/CAD Operator 11 $100 -$135 GIS /CAD Operator 1 $904105 Graphic Artist 11 $85 -$130 Graphic Artist 1 $75 -$95 Planning TechnfcianAntern $60 -$80 Technical Editor $95 -$100 Word Processing $75 -$85 Clerical /Administration $60 -$100 Third -Party CEQA Review $225 Expert Witness 2 x Normal Hourly Rate Other direct costs are billed at cost plus 10%. Mileage reimbursement rate is the standard IRS - approved rate. THE PLANNING CENIERIDCM — PROPOSAL — El FOR THE UPTOWN NEWPORT VILLAGE MIXED -USE DEVELOPMENT 29 39 IN City Council Attachment B Professional Services Agreement with the Planning Center for Koll Center Newport Mixed - Use Development 41 42 PROFESSIONAL SERVICES AGREEMENT WITH THE PLANNING CENTER/DC &E FOR ENVIRONMENTAL ANALYSIS FOR THE KOLL CENTER NEWPORT MIXED USE DEVELOPMENT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of September, 2011 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and The Planning Center /DC &E, a California corporation ( "Consultant'), whose address is 1580 Metro Drive, Costa Mesa, California 92626 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 Council approved an Integrated Conceptual Development Plan (ICDP) for the redevelopment of 12.7 acres of land known as Koll Center Newport. The Consultant will be preparing environmental documents for the applicant that will analyze the proposed regulatory plan and development agreement intended to implement the ICDP. C. City desires to engage Consultant to ensure that the environmental review process is carried out in accordance with the California Environmental Quality Act ( "CEQA ") ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be JoAnn Hadfield. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on July 5, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services 43 described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of 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. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 Consultant will be paid by the applicant under a deposit account 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 within 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 Three Hundred Twenty -Nine Thousand Three Hundred Eighty Dollars and no /100 ($329,380.00) 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) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: The Planning Center -Koll Page 2 44 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated JoAnn Hadfield to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. Rosalinh Ung, Associate Planner or her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or her authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. The Planning Center -Koll Page 3 45 7.1.2 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any 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 and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, sub - 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 attorney's fees in any action The Planning Center -Koll Page 4 40 on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor -basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 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. 14.2 Proof 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. 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 The Planning Center -Koll Page 5 47 during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's proposal. 44.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant . shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability: 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in The Planning Center -Koll Page 6 42 connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. . 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 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. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 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 Agreement. 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - The Planning Center -Koll Page�7 venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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 (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word, Excel or portable document format (.pdf). The Planning Center -Koll Page 8 50 19. 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 authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. 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 paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. The Planning Center -Koll Paae19 25. CONFLICTS OF INTEREST 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 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. 26. NOTICES 26.1 All notices., demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Rosalinh Ung, Associate Planner Community Development Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3208 Fax: 949 - 644 -3229 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: JoAnn Hadfield The Planning Center /DC &E 1580 Metro Drive Costa Mesa, CA 92626 Phone: 714 - 966 -9220 Fax: 714 - 966 -9221 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in this Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). The Planning Center -Koll Page 10 52 28. TERMINATION 28.1 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. 28.2 Notwithstanding the above provisions, City shall have the right; at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 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. 29.2 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. 29.3 Integrated Contract This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant "shall be held to vary the provisions herein. The Planning Center -Koll Page 11, �3 29.4 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. 29.5 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. 29.6 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. 29.7 Severabilitv 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. 29.8 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. 29.9 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 29.10 No Attorney's Fees In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The Planning Center -Koll Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. AS TO FORM: CITY OF NEWPORT BEACH, ITY ATTORNEY A California municipal corporation Date: By: Assistant City Attorney ATTEST: Date: By: _ Leilani I. Brown City Clerk Mayor CONSULTANT. THE PLANNING CENTER,; a California corporation Date: By: William Halligan Vice President, Environmental Services Date: By: Keith McCann Chief Financial Officer Attachments: Exhibit A - Scope of Services . Exhibit B - Schedule of Billing Rates The Planning Center -Koll Page 13 55 Exhibit "A" The Planning Center -Koll Page 14 50 5® Scope of Work CEQA TASKS The Koll Center Newport EIR will meet all the requirements set forth in the California Environmental Quality Act (Public Resources Code 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Section 15000 et seq). Specific tasks are as follows: Task 1 Project Initiation /Kickoff Meeting This task will include: + Data Collection and Review — we will review available materials, including reports prepared for the Uptown Newport Village project. + Site Visit — we will conduct a site visit and take photos of the site and surrounding areas. + Kick -off meeting - Our Project Manager, Assistant Project Manager, and representatives from each of our technical consultants will attend a project kickoff meeting at the City to discuss the proposed project and confirm the project approach, scope, and schedule. This discussion should include known issues and opportunities as observed by City planning staff and the consultant team. Task 2 Initial Study Review /Notice of Preparation Initial Study The Initial Study will include a comprehensive project description and analyze each topical area of the CEQA Appendix G checklist, plus Energy, as follows. • Aesthetics • Agriculture /Forest Resources • Air Quality • Biological Resources • Cultural Resources • Geology /Soils • Greenhouse Gases • Hazards /Hazardous Materials • Hydrology/WaterQuality • Land Use & Planning • Mineral Resources • Noise • Population & Housing • Public Services • Recreation • Transportation/Traffic • Utilities and Service Systems • Energy (CEQA Guidelines Appendix F) Findings will be clearly substantiated for each checklist question to conclude that impacts are less than significant or less than significant as mitigated. At this time it is anticipated that the only CEQA topic that will be eliminated from further review (and not carried through to the EIR) will be Agricultural /Forest Resources and Mineral Resources. THE PLANNING CENTER I OC &E -PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT AIIXED -USE DEVELOPMENT i l 57 Notice of Preparation The Planning Center will prepare the draft Notice of Preparation and submit it for review and approval by the City. After City approval of the NOP, The Planning Center will copy and distribute the NOP and Initial Study to state and local agencies, surrounding property owners, and other special interest groups or individuals identified by the City. The NOP will clearly identify the time period, contact person, and address established for submitting responses. Deliverable(s): — 2 hard copies and I electronic copy of the Draft NOP/Initial Study — Up to 50 hard copies of the NOPAS for distribution — Certified mailing to agencies and general public — Certified mailing to State Clearinghouse for circulation to state agencies Task 3 Public Scoping Meeting The Planning Center 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. 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 as soon as possible after the release of the NOP, so public concerns about environmental issues can be identified. Deliverable(s): — Preparation and participation at scoping meeting — Scoping meeting agendas and record of comments — Public handouts of CEQA flow chart, exhibits, PowerPoint slides, questionnaires (up to 50 copies) Task 4 Administrative Draft EIR I and II (ADEIR I & Ip Prior to preparation of the ADEIR, we will submit a comprehensive project description and EIR outline for review and approval by the City. A project - level EIR will be prepared and include the following sections in accordance with the CEQA Guidelines: • Executive Summary • Introduction • Project Description • Environmental Setting • Discussion of Existing Conditions, Environmental Impacts, and Mitigation Measures • Cumulative Impacts • Consideration of Significant Effects • Project Alternatives • Organizations and Persons Consulted • Other CECIA-Mandated Sections 12 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 5. Scope of Work Each topical section of the document will: (a) describe existing environmental conditions and pertinent regulatory policies and programs that apply to this project, (b) define the criteria by which impacts will be determined to be significant, (c) determine the environmental changes that would result from the project, (d) evaluate the significance of those changes with respect to the impact significance criteria (thresholds), (e) define mitigation measures to reduce or avoid all potentially significant adverse impacts, and (f) provide a conclusion as to whether significant impacts would remain, even after successful implementation of recommended mitigation measures. A conservative scenario approach will be followed for all analyses included in the EIR. As indicated above, it is anticipated that all CEQA topical sections with the exception of Agricultural /Forest Resources and Mineral Resources will be carried through and included in the ADEIR. Analysis and findings of technical studies will be incorporated into the EIR. Technical study scopes are described under Technica /Studies Complete technical studies (for stand -alone reports) and supporting modeling information (Air Quality, Noise, GHG inventory) will be included in the EIR appendices. As required by the City of Newport Beach, the ADEIR will include the analysis of General Plan policies as applicable to the proposed project in the Land Use and Planning section. Consideration of Significant Effects: As required by CEQA, the EIR will Identify and focus on the significant effects of the project, and include the following discussions as required by CEQA Guidelines Section 15126.2: • Effects Not Found to be Significant • Significant Unavoidable Impacts • Significant Irreversible Changes • Growth- Inducing Impacts Alternatives to the Proposed Project: Alternatives to the proposed project will be defined and analyzed in compliance with Section 15126.6 of the CEQA Guidelines and with consultation with City staff. Alternatives will be selected on the basis of their ability to: (1) avoid or reduce one or more of the project's significant impacts; and (2) feasibly attain most of the basic objectives of the project. Analyses of up to three alternatives, including the "No Project," will be conducted. As designed to reduce or eliminate any significant impacts, alternatives may include construction phasing alternatives, land use modifications, and depending upon the timing of the Uptown Newport Village project, may be structured to include alternatives that also address alternatives to that project. Alternatives that were considered but eliminated from further consideration will also be documented. The environmentally superior alternative will be identified; if it is either No- Project Alternative, then one of the development alternatives will be identified as environmentally superior to the others. THE PLANNING CENTERIOCEF. I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 13 159 ,4 Our scope of work includes two round of review of the ADEIR. Deliverable(s): — 2 hard copies and 1 electronic copy of Draft Project Description and EIR Outline — Up to 8 hard copies with technical appendices on CDs of ADEIR I — Up to 8 hard copies with technical appendices on CDs of ADEIR 11 Task 5 Preprint and Draft Environmental Impact Report (DEIR) The Planning CenterJDC &E will incorporate City comments on the two round of review of the ADEIR. Upon approval of the second set of revisions, we will forward the Preprint Draft EIR for final review before publication. Upon approval we will prepare the Notice of Completion (NOC) for City approval and signature. We will also prepare the Notice of Availability (NOA) for City approval for distribution by the City and publish and distribute the DEIR per the mailing list to be developed in consultation with the City. Deliverable(s): — Up to 2hard copies with technical appendices on CDs of the Preprint Draft EIR — Up to 50 hard copies with technical appendices on CD of the Draft EIR — Preparation of the NOA and NOC — Certified mailing of up to 50 copies of the Draft EIR to recipients on the approved distribution list and State Clearinghouse — 1 copy of the Draft EIR in an acceptable web - friendly format for the City's website — 1 hard copy of all technical reports Task 6 Final EIR - Response to Comments /Errata Response to Comments received on the Draft EIR will be prepared in accordance with CEQA Guidelines Section 15089. Following receipt of all comments on the Draft EIR, written responses will be prepared for each comment. A Response to Comments section will be created for the Final EIR and will contain an introduction describing the public review process for the Draft EIR, copies of all comment letters and minutes from public meetings where oral comments were taken, and written responses to all comments. Responses will foals on comments that address the adequacy of the Draft EIR. Comments that do not address EIR adequacy will be noted as such and no further response will be provided unless deemed necessary by the City. Responses will be prepared by The Planning CenterlDC &E with input from our technical specialists, as needed. As noted in the RFP, an estimate of up to 100 hours of professional time to respond to comments has been included (including subconsultant hours). The estimated budget assumes that no additional basic research will be required to respond to comments, 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 comments received from PLANNING IS THINKING AND DOING SMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. Mi 0 5. Scope of Work agencies or the general public require substantially increasing the scope of impacts and issues addressed in the EIR. The Final EIR will also include any revisions, updates, or corrections needed to respond to comments or address minor errors in the Draft EIR. The Planning Center will revise the Responses to Comments based on revisions provided by the City. Responses to Comments from responsible agencies will be distributed a minimum of 10 days prior to consideration of the Final EIR by the City Council. Deliverable(s): — Up to 50 hard copies of the Final EIR - Response to Comments /Errata — Distribution of the Response to Comments to Commenting Agencies — 2 hard copies of the Final EIR (Draft EIR, Response to Comments /Errata, and Technical Appendices [on CD]). MMRP as described below to be included in this deliverable Task 7 Mitigation Monitoring and Reporting Program An MMRP will be prepared, pursuant to Section 21081.6 of the Public Resources Code. It will be presented in standard City format and will identify the significant impacts that would result from the project, proposed mitigation measures for each impact, the times at which the measures will need to be conducted, the entity responsible for implementing the mitigation measure, and the City department or other agency responsible for monitoring the mitigation effort and ensuring its success. Deliverable(s): — 2 hard copies and 1 electronic copy of MMRP Task 8 Findings of Fact and Statement of Overriding Considerations and NOD The Findings of Fact will be prepared consistent with the requirements of CEQA. The draft Findings of Fact and MMRP will be distributed to the City for review and comment. If required, we will prepare a Statement of Overriding Considerations (SOC) for the project, consistent with the requirements of CEQA. Notice of Determination: A draft Notice of Determination (NOD) will be prepared for review by the City. After the City takes action certifying the Final EIR and approving the project, the NOD will be filed with the Office of Planning and Research (OPR) and the Orange County Clerk. The Planning CenterlDC &E will prepare and file the CDFG fee. Deliverable(s): — 2 hard copies and 1 electronic copy of the Draft Findings of Fact and Statement of Overriding Considerations — Notice of Determination and CDFG filing — 1 set of compact discs of the Notices, Initial Study, Final EIR and Findings of Fact in Word and appendices THE PLANNING CENTER DC&E I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DE+fELOP64ENT 01 15 16 Task 9 Meetings /Public Hearings In accordance with the RFP, our scope of work includes our attendance at the following meetings and public hearings: The Planning CenterlDC &E + Kickoff meeting — Attendance by our PM, Asst. PM, and AQ /Noise specialist (cost included in Task 1) + Up to 6 additional City staff /team coordination meetings (PM and either Asst PM or AQ /Noise specialist) + 1 Public Scoping Meeting (PM and Asst. PM, cost included in Task 3) + 2 Public Meetings (PM and AQ /Noise specialist) Additional meeting attendance by The Planning Center or attendance by other members of the consultant team will be billed on a time - and - materials basis in accordance with the hourly rates for the personnel involved. Subconsultant Meeting Attendance The scope of work for each of our technical subconsultants is detailed in the following section. For clarity, however, the assumed meetings /hearings for each subconsultant are as follows: • Cadre Environmental (biological resources): Kick -off meeting, 1 City staff coordination meeting, and 2 public meetings (JOANN TO CLARIFY) • Cogstone Resource Management (cultural resources): Kick -off meeting • LGC Geotechnical (geotechnical /soils resources): Kick -off meeting, 2 City staff coordination meetings, and 2 public meetings • Hall & Foreman (civil engineering /hydrology, WQMP, water and sewer, grading) — Kickoff meeting, 3 City staff coordination meetings, 2 public meetings • Klmley Horn (transportation /traffic): Kick -off meeting, public scoping meeting, 5 City staff coordination meetings (combined Koll Center /Uptown Village meetings), 2 public meetings. Task 10Project Management The Planning Center will coordinate closely with the City to ensure that the EIR and associated documents are legally defensible, accurate, and useful to decision makers when considering the approval of the project. Project management responsibilities include: task scheduling and assignment; management of resources; monitoring of costs and schedule adherence; management and coordination of subconsultants, including contract 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 also includes the activities detailed under Section 4, Coordination. This task is based on an PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 02 5. Scope of Work estimated hours /week for the estimated schedule in this proposal for the Project Manager and Assistant Project Manager. If this schedule is extended beyond the control of The Planning CenterJDC &E, a budget augment may be requested for this task. TECHNICAL STUDIES The following technical studies are all required to support preparation of the Program EIR. We have categorized the studies by those to be prepared by The Planning Center I DC &E and by subconsultants to our firm. Per the direction of the City we have identified those studies for which the applicant will have the option to retain the consultant directly. As such these studies are identified as "optional." The Cost Estimate provides detailed costs and subtotals for the technical studies with and without the optional studies. THE PLANNING CENTERIDC &E Air Quality Analysis We will prepare an air quality analysis for construction and operational activities associated with the Koll Center Newport. The air quality analysis will be based on the current methodology of the South Coast Air Quality Management District (SCAQMD) for projects within the South Coast Air Basin (SoCAB), and modeling files will be included as an appendix to the EIR. The air quality analysis will provide an estimate of short -term and long -term criteria air pollutant emissions using SCAQMD's most recent computer model, CaIEEMod. Criteria air pollutant emissions will be compared to the SCAQMD's regional significance thresholds for the project's construction and operational phases. Average daily trip generation provided by Kimley -Horn Associates will be incorporated into the CalEEMod program for the project's operational phase. The construction phase regional emissions inventory will be based on the construction phasing and schedule, preliminary equipment list, demolition volumes, and soil export for remediation activities developed for the Koll Center Newport provided by the Koll Company. 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 residential areas surrounding the project site. Consistency of the project's regional emissions will also be evaluated against the SCAQMD Air Quality Management Plan. Mitigation measures that reduce impacts will be identified, as necessary. Deliverable(s): — Air Quality Analysis, to be included as an appendix to the EIR Health Risk Assessment (optional) The California Air Resources Board (CARE) and the California Air Pollution Control Officer's Association (CAPCOA) have adopted guidelines for siting new sensitive receptors near major sources of pollution, including high volume roadways and industrial land uses. The project site is within 1,000 feet of several major sources of toxic air contaminants. Based on a review of data THE PLANNING CENTF.RInCAF I PROPOSAL PREPARATION OF AN EIR FOR THE W.I. CENTER NFWPORT MIXED -USF DFVFLnPMENT 17 0 3 re obtained through SCAQMD's Facility Information Database (FIND), the proposed project would be adjacent to Jazz Semiconductor, Inc. Pursuant to recent comment letters submitted on environmental documents by SCAQMD, a health risk assessment (HRA) will be conducted for the project to determine if onsite sensitive receptors would be exposed to excessive concentrations of toxic air contaminants. The HRA will assess emissions from that facility and any other potentially significant facilities. The HRA will be conducted in accordance with agency recommended protocols. The HRA will describe potential impacts (cancer risk, chronic health risk, and /or acute heath risk) from proximity to major stationary sources within 1,000 feet of the residential buildings and outdoor recreational areas. Mitigation measures will be incorporated as necessary. Deliverable(s): — Health Risk Assessment, to be included as an appendix to the EIR Greenhouse Gas Emissions Analysis Pursuant to the recently revised CEQA Guidelines (effective March 18, 2010) and the latest methodology proposed by SCAQMD, the Planning CenterlDC &E will quantify project- related GHG emissions using SCAQMD's CaIEEMod program. CaIEEMod calculates GHG emissions from transportation sources, area sources (landscaping fuel, architectural coatings, consumer products), energy sources (natural gas consumption, energy use), water and wastewater, waste, and vegetation. In addition, total GHG emissions from construction activities will be amortized into the project GHG emissions inventory. The GHG analysis will also discuss potential global climate change impacts, the effects of GHG emissions, and history of GHG emissions regulation in California. SCAQMD's new CalEEMOd program calculates GHG emissions reductions from recently adopted programs and regulations, including improvements in fuel efficiency, state building code energy efficiency, and landscaping water efficiency. Project consistency with statewide GHG emissions reduction strategies (CARB Scoping Plan) and measures taken by the City to reduce GHG identified in the Koll Center Newport and City of Newport Beach General Plan will also be reviewed. Mitigation measures will be incorporated, as necessary, to reduce potentially significant impacts of the project. Deliverable(s): — Greenhouse Gas Emissions Analysis, to be included as an appendix to the EIR Noise and Vibration Analysis We will prepare a noise and vibration analysis for construction and operational activities associated with the Koll Center Newport. The noise analysis will be consistent with the noise standards and criteria of the City of Newport Beach and State of California, including the City of Newport Beach Municipal Code and General Plan and State Building Code. PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 4 5. Scope of Work Noise levels within the vicinity of the project site are characteristic of an urban area. The primary sources of noise in the project vicinity are traffic on Von Karman Avenue and Birch Street. In addition, while the project site is not under the direct flight path for aircraft at the John Wayne Airport, noise from aircraft activities are audible onsite. However, the Koll Center Newport is outside of the 60 dBA CNEL noise contour for the airport. To document traffic noise levels within the vicinity of the Koll Center Newport, traffic noise modeling will be based on the Federal Highway Administration's (FHWA) Traffic Noise Model and average daily roadway volumes provided by Kimley Horn Associates. Short -term noise monitoring will be conducted during the traffic peak hours to obtain average noise levels in the project area and confirm modeling results. Changes in ambient traffic noise levels at buildout of the project and from cumulative growth in the region will be analyzed to determine if the project - related traffic significantly increases the ambient noise environment or contributes to significant cumulative noise increases. The noise analysis will also describe changes in the noise environment generated by conversion of existing land uses. Noise impacts from non - transportation noise sources will be based on the noise limits of the City of Newport Beach's Municipal Code. The State Building Code requires that interior noise levels achieve a limit of 45 dBA CNEL. The noise analysis will assess noise compatibility based on the City's noise compatibility criteria of 65 dBA CNEL and state's interior noise standard of 45 dBA CNEL. The noise analysis will provide an estimate of short -term noise and vibration levels associated with construction activities. The level of significance will be based on the magnitude of noise and vibration generated at adjacent noise - sensitive receptors and the length of construction activities. Mitigation measures that reduce construction impacts will be identified, as necessary. Deliverable(s): — Noise Analysis, to be included as an appendix to the EIR Phase I Environmental Site Assessment (optional) The Planning Center1DC &E will complete a modified Phase I Environmental Site Assessment (ESA) in general accordance with the Environmental Protection Agency (EPA) Standards and Practices for All Appropriate Inquiries (40CFR 312) and most recent version of the ASTM Standards on Environmental Site Assessment Process (ASTM Designation E- 1527 -05). The Planning CenterlDC &E will review agency lists used to identify "hazardous waste" properties, contact regulatory agencies, research sources of historical information (e.g., fire insurance maps, city /county directories), procure and evaluate historical aerial photographs, conduct an inspection of the project site and vicinity, and interview individuals knowledgeable about the project site and its history. (Note: The Phase I is modified due to the number of buildings and multiple operators. Separate interviews with each tenant are not included in this scope. The Planning CenterlDC &E has assumed that access to the project site will be arranged by City of Newport Beach. If this is not possible, it will be addressed in the limitations section of our report, as THE PLANNING CENTER I DC&E I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT KIIXED -USE DEVELOPMENT 19 05 explained below.) We will obtain Sanborn fire insurance maps (if available), historical aerial photographs, and a City /County Directory search. The results of the above - described activities will be documented in a Phase I report that will feature a project site location map, property and surrounding land use map, project site inspection photographs, regulatory records documentation, and appropriate conclusions and recommendations regarding any identified recognized environmental conditions (RECs). The ASTM Standard requires disclosure in the Phase I report as to whether the user of the report has specialized knowledge about previous ownership or uses of the property that may be material to identifying RECs, or whether the user has determined that the property's Title contains environmental liens or other information related to environmental condition of the property, including engineering and institutional controls and Activity and Use Limitations, as defined by ASTM. In addition, we are required to inquire whether the user of the report has prior knowledge that the price of the property has been reduced for environmental reasons. We request that you provide this information to us for inclusion in our report. No subsurface explorations or chemical testing of soils or groundwater will be performed during this assessment. Lead and asbestos surveys are not part of this scope of services; however, recommendations regarding these potential environmental issues will be included in the Phase I ESA report. No subsurface explorations or chemical testing of soils or groundwater will be performed during this assessment. Therefore, our conclusions regarding the evidence of RECs will be based on observations of existing visible conditions and on our interpretation of site history and site usage information. The final report will be signed and stamped by a state - certified Registered Environmental Assessor II, Professional Geologist, and /or Professional Engineer. Deliverable(s): —Phase I ESA, to be included as an appendix to the EIR Shade /Shadow Analysis The Planning CenterlDC &E will provide a shade /shadow analysis in support of an EIR. The Koll Center Newport analysis will be coordinated with the analysis that will be provided for the Uptown Newport Village project to assess cumulative project impacts. Shadow effects are dependent upon several factors, including the local topography, the height and bulk of the project's structural elements, sensitivity of adjacent land uses, season, and duration of shadow projection. Shade /shadow analysis will include review of the description of the proposed project, project site, and surrounding area. Upon identifying shadow - sensitive uses in the area, such as the existing office buildings and usable open space, the projection and coverage of shadows cast by proposed buildings will be simulated for the solstices and equinox for morning, noon, and afternoon hours. This simulation assumes a general mass modeling of the building structures on existing topographic conditions and does not include any architectural detailing or landscaping. 20 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 00 5. Scope of Work Deliverable(s): — Shade /Shadow Analysis, to be included as exhibits in the EIR SUBCONSULTANT TECHNICAL STUDIES The meeting and hearing attendance for technical subconsultants is detailed under CEQA Tasks, Task 9. The EIR will incorporate the findings of the following studies to be prepared by our subconsultants. Copies of these reports will be included in their entirety in the EIR appendices, Biological Resources Assessment and Documentation Cadre Environmental will prepare a biological resources assessment in support of an EIR. The following tasks will be conducted in a collective effort to characterize existing biological conditions, determine the presence /absence of sensitive natural resources, and develop documentation. Biological Resources Assessment Literature Review, An updated review of the current California Department of Fish and Game Natural Diversity Database, California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California, and United States Fish and Wildlife Service sensitive species and critical habitat databases will be conducted prior to initiating field investigations in order to identify any potential threatened or endangered species and critical habitats known to exist within and /or adjacent to the project site. Habitat Assessment. Cadre Environmental will conduct a habitat assessment of the project site to identify and map all potential nesting bird habitat. As noted in the Initial Study prepared for the adjacent Uptown Newport Village project and conducted by PBS&J in 2010, "Potentially Significant Impacts" may occur to sensitive /migratory nesting and roosting birds as a result of project - related impacts to existing trees. Therefore, based on the immediate proximity and similar constraints of the projects, all potential nesting bird habitat including the existing pond, will be classified and mapped using a GPS, and the findings will be incorporated into a Geographic Information System (GIS) for use during further environmental compliance /engineering analyses (State Plane NAD83, Zone 11 — feet). All common and sensitive bird species observed during the initial habitat assessment will be documented /mapped as discussed below and addressed in the Biological Technical Report. Target species and potential constraints include but are not limited to: • Direct /Indirect Impacts to Sensitive Nesting /Roosting Birds • Direct /Indirect Impacts to Migratory Nesting /Roosting Birds Sensitive /Migratory Bird Species Surveys. Based on a review of the Initial Study prepared for the adjacent Uptown Newport Village project site and known sensitive bird species occurrences within the region, focused surveys for resident and migratory bird species are. recommended. Specifically, the THE PLANNING CENTER I OC&E I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED-USE DEVELOPMENT 21 07 surveys will focus on characterizing species richness, habitat use (foraging, roosting, and /or nesting), and estimated population numbers within the project site. Cadre Environmental recommends that surveys be conducted during the non - breeding and breeding seasons to credibly characterize habitat usage. At least one comprehensive survey of all natural habitats (trees and existing pond) located within and adjacent to the project site should be conducted between September 1 st to January 31 st and between January 31 st to August 31 st)based on climatic conditions that provide for the detection of all species present. The location of all sensitive /migratory bird observations, territories, and breeding status, including incidental observations of common species, will be mapped and illustrated in the Biological Technical Report. The report will include a description of survey methodology, vegetation communities (trees) documented onsite (including table of acreages), survey results indicating location of all sensitive species documented onsite, compendia of all common wildlife species documented onsite, and discussion of the existing baseline bird population conditions (number of pairs, extent of territories, breeding status, etc.). This report will be prepared according to accepted scientific and technical standards and all other pertinent reviewing agencies and organizations. To the extent possible within an inherently technical discipline, report language will be designed for understanding by the lay reader. Documentation (Biological Technical Report) Draft Biological Technical Report. A Biological Technical Report (including supporting graphics) for use in the preparation of an EIR will be prepared pursuant to the requirements of CEQA, California Public Resources Code Sections 21000 et seq, CEQA guidelines, Title 14, California Code of Regulations 15000 et seq, and the City of Newport Beach's CEQA procedures. Specifically, text sections will include a discussion of the environmental setting (vegetation communities, general and sensitive floral /faunal species habitats, trees), significant direct /indirect and cumulative impacts, and associated mitigation measures proposed to reduce impacts. Response to Comments. Response to comments received during the public /agency circulation of the Draft EIR (DEIR) will be prepared for all biological resource issues. Responses will also be prepared for verbal comments received during public hearings. Draft /Final EIR Review. All biological sections (including supporting graphics) for a Final EIR will be updated based on public and agency edits and comments received during the review process. Specifically, three drafts will be reviewed and updated —DEIRs 1 & 2, and Pre -Print Review of DEIR. Deliverable(s): — Biological Technical Report, to be included as an appendix to the EIR Cultural Resources Assessment Cogstone will prepare a cultural resources assessment in support of an EIR. Cultural resources under CEQA include paleontological, archaeological, and 22 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE, 2 S. Scope of Work historical resources. Cogstone will prepare a literature study to determine the existence of previously recorded cultural resources within the project boundaries plus a one -mile radius. Records pertaining to paleontology will be searched at the Natural History Museum of Los Angeles County and in published sources. Records pertaining to archaeology and history will be searched at the South Central Coastal Information Center. The local historical society and archives will be contacted for any additional information. A record search for sacred lands will be requested from the Native American Heritage Commission. In addition, we will send subsequent letters to all Native Americans the Commission recommends be contacted. Background research is required in order to provide context. The cultural resources technical report will include regulatory environmental, background, and all results. In addition, project- specific management recommendations will be provided. Deliverable(s): — Cultural Resources Technical Report, to be included as an appendix to the EIR Geotechnical Evaluation (optional) LGC Geotechnical, Inc. (LGC) will prepare a limited geotechnical evaluation in support of an EIR. Scope of Geotechnical Services LGC. will conduct a limited subsurface evaluation to provide an overview of the onsite geotechnical characteristics and to identify potential geotechnical constraints to site development. Since no engineering plans are available at this time, the subsurface work will be conducted so as to provide a generalized assessment of the site based on preliminary site plans included in the RFP. The following is a list of proposed services: • Review readily available geotechnical information pertinent to the site. • Obtain boring permits form the County of Orange. • Reconnaissance site visit and Underground Service Alert (USA) boring mark -out. • Drill a total of three hollow stem - borings, one to a depth of 50 feet below existing surface and two to 25 feet below existing surface. A geologist or engineer will be onsite to direct drilling operations, collect samples, and log the geotechnical borings. Borings will be backfilled with slurry upon completion. • Perform laboratory testing on representative soil samples obtained during subsurface drilling. • Based on the information obtained, we will prepare a summary report which will serve as the Geotechnical Investigation section of the project EIR. THE PLANNING CENTERI DC&E I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DO)ELOPMENT 23 09 Our report will discuss the feasibility of development of the site with respect to the onsite geotechnical conditions. Potential geotechnical constraints will be mentioned along with generalized discussion of how these constraints may be mitigated. Specifically, our report will include a discussion of the following: — Regional geologic discussion and characteristics of the onsite soils — Presence /absence of faults — Seismicity — Presence /absence of groundwater — Collapse potential — Expansion potential — Static settlement potential the general geologic — Liquefaction and seismic settlement potential — Preliminary foundation type Please note that at this time the scope of the limited geotechnical evaluation will only address the geotechnical issues that would allow us to complete the CEQA Guidelines checklist. It does not address specific geotechnical constraints related to actual construction. Additional subsurface evaluation Will be required once engineering plans are available for the subject development. Assumptions Our scope and costs are based on the following assumptions: 1. A set of preliminary plans will be made available in AutoCAD format for use as a base map in our report. 2. The site is open during weekdays, has sufficient overhead clearance, and is easily accessible with a conventional truck- mounted drill rig. 3. The proposed buildings will be constructed from relatively lightweight construction materials (e.g., wood frame and stucco, or steel frame and metal sheeting) and thus, the foundation loads will be relatively light. 4. If obvious contaminants or signs of pollution are found during the course of the investigation, additional costs may be incurred to dispose of the contaminated soils and to properly backfill and seal the excavations. If any of these assumptions are invalid, LGC's fees will be adjusted accordingly. Deliverable(s): — Preliminary Geotechnical Evaluation Report, to be included as an appendix to the EIR 24 PLANNING Is THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. �D 5. Scope of Work Hydrology /Hydraulic Analysis, Water Quality Management Plan, Water and Sewer Analysis, and Grading and Drainage Plan (optional) Hall & Foreman (H &F) will prepare a preliminary hydrology analysis, conceptual water quality management plan, preliminary water and sewer analysis, and conceptual grading and drainage plan in support of an EIR. The following scope of work is anticipated to be required for the preparation of this technical document. Prepare Site Topography /Project Base Map for the Koll Center Newport. H &F will set aerial survey control targets and perform an aerial topographic survey of the Koll site. H &F will then prepare a 1 " =50' scale, 1 -foot contour interval, topographic map of the Koll Center Newport. The base map will include the topographic survey together with a site boundary compiled from record information. 2. Prepare Conceptual Grading /Drainage Plan for the Koll Center Newport, based upon requirements of the City of Newport Beach and project team input, with a goal of minimizing import /export of soil. The grading plan will show roadway gradients, spot elevations, and pad elevations. H &F will perform basic cut /fill quantity takeoffs, including an estimate of remedial grading quantities based on the preliminary soils report for the project site, to be supplied by others. 3. Prepare a Preliminary Hydrology /Hydraulics Study for the Koll Center Newport. H &F will review plans of the existing drainage system serving the site, including storm drain as- builts and prior drainage reports and calculations. Ascertain system capacities and constraints. Lay out a proposed drainage system based on the Preliminary Grading Plan. Prepare preliminary drainage calculations to estimate runoff volumes and rates. Estimate size of pipes, catch basins, and drainage basins required. Include consideration for water quality features. Compile data and prepare a brief drainage report. 4. Prepare a Preliminary Water and Sewer Analysis for the Koll Center Newport. H &F will contact utility purveyors to update information previously gathered by consultant for the Uptown Newport Village site. Based on anticipated dwelling unit counts and building sizes, H &F will estimate the demands for sewer and water. H &F will perform an analysis of the existing systems to ascertain whether there will be issues with capacity to serve the project and also identify potential required offsite system improvements. S. Prepare a Preliminary Water Quality Management Plan (WQMP) for the Koll Center Newport. This document will be prepared in accordance with the County of Orange /City of Newport Beach WQMP Guidelines under the Municipal Separate Sewer Stormwater System (MS4) permit. WQMP preparation will utilize information provided by the client and consultant team, including but not limited to overall site plan, architectural plans, grading plans, storm drain plans, drainage/ hydrology/ hydraulic studies, geotechnical information as well as other related permitting information. THE PLANNING CENTER DWI PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 25 71 Deliverable(s): —Preliminary Hydrology /Hydraulics Study, Preliminary Water and Sewer Analysis, and Preliminary WQMP, to be included as appendices to the EIR — Grading and Drainage Plan, to be included as exhibits in the EIR Traffic Impact Analysis Kimley -Horn and Associates, Inc. (KHA), will prepare a traffic impact analysis in support of the EIR. The following scope of work is anticipated to be required for the preparation of this technical document. Scope of Services t. KHA will participate in a project kick -off meeting with the project team and City staff. 2. Obtain information from the project team regarding the existing and proposed site uses, including land use and quantity of existing development; and size, quantity, and layout of the proposed development plan. 3. Conduct a site visit of the project area and document existing roadway conditions on the roadways surrounding the project site. 4. Meet with City of Irvine representatives to introduce the project and to discuss traffic study issues and requirements in the City of Irvine. All subsequent tasks in this preliminary scope reflect our assumptions of the study elements that will be needed to address Irvine issues. If different or additional requirements are imposed after meeting with the City of Irvine, appropriate adjustments to the scope, schedule, and fee will be made accordingly. S. Develop project trip generation estimates for the proposed project using the Institute of Transportation Engineers (ITE) Trip Generation publication (8th edition). Trip generation estimates will include the appropriate trip credit for existing site uses that will be removed. 6. Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of project patrons, employees, and residents. Input from the project applicant will be solicited for this task. Project traffic will be distributed through the study intersections, and the project traffic contribution to each intersection will be identified. 7. Project trip generation and trip distribution assumptions and analysis methodology will be presented to City staff for review and concurrence prior to proceeding with the analysis phase of the study. 8. Obtain TPO Committed Project information, including project trip generation and distribution, from the City of Newport Beach. Where necessary, develop trip distribution and assignment assumptions for each committed project through the study intersections. 26 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LPS COLLABORATE. 72 5. Scope of Work 9. Obtain cumulative project information from the City of Newport Beach and the City of Irvine. Develop trip distribution and assignment assumptions for each cumulative project through the study intersections. The Uptown Newport Village project will be included in the cumulative project list for the Koll Center Newport. 10. Compile committed and cumulative project traffic volumes through all study intersections. 11. Conduct a preliminary analysis to- determine the extent of the traffic study area, based on the City of Newport Beach TPO 1% analysis and applicable environmental impact criteria. The following remaining tasks will apply only to the study intersections that meet the 196 criteria. 12. For budgeting purposes, it is assumed the study intersections will be consistent, the same study intersections included in the draft traffic study. The study intersections include a total of 43 intersections, with a combination of intersections in the Cities of Newport Beach, Irvine, and shared intersections between the two cities. KHA and City of Newport Beach staff will work with City of Irvine staff to confirm the study intersections in the City of Irvine prior to proceeding with the analysis. 13. Current peak hour traffic data for the primary intersections in the City of Newport Beach will be provided by the City of Newport Beach. It is assumed that KHA will collect morning and evening peak hour traffic data at the remaining study intersections, including the intersections in the City of Irvine. 14. Intersection analysis of Newport Beach intersections will be conducted using the Intersection Capacity Utilization (ICU) methodology, consistent with the City of Newport Beach TPO requirements. Analysis of the City of Irvine intersections will be conducted using the Irvine analysis methodology. 15. For Caltrans intersections (intersections on a state highway), the intersection analysis will also be conducted using the Highway Capacity Manual (HCM) methodology as required by the Caltrans Guide for the Preparation of Traffic Impact Studies. 16. Obtain information from the City of Newport Beach and the City of Irvine regarding any committed intersection improvements planned to be completed by one year after the project opening. 17. Summarize operating conditions at the study intersections for the following scenarios: a. Existing Conditions b. Existing Plus Project c. One Year after Opening - TPO Analysis: 1. Existing Plus Growth Plus Committed Projects THE PLANNING CENTER I DUE I PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 27 7S ii. Existing Plus Growth Plus Committed Projects Plus Project d. One Year after Opening – CEQA Analysis: I. Cumulative Conditions ii. Cumulative Conditions Plus Project 18. Identify project impacts and any mitigation measures, if necessary. If mitigation is required, a conceptual drawing of the recommended improvement will be provided. For budgeting purposes, it is assumed that record drawings of any study intersection will be available from the City, and that a mitigation concept plan will be prepared for up to four study intersections. If additional mitigation concept plans are required, an additional fee of $750 per intersection will be required. This task will also include preliminary cost estimate and project contribution percentages for each of the mitigated intersections. 19. Conduct an analysis of the project's impacts on freeway mainline, merge lanes, and ramp facilities in the project study area—specifically, 1-405 (San Diego Freeway), SR -55 (Costa Mesa Freeway), and SR -73 (Corona del Mar Freeway). 20. Evaluate the proposed parking supply to determine whether it will meet City of Newport Beach parking requirements. KHA will provide recommendations based on shared parking synergies for the mixed -use components of the site. 21. Provide recommendations on measures to reduce the occurrence of non - project traffic cutting through the development. 22. Prepare traffic signal warrant analysis at the unsignalized study intersections using the current MUTCD method for projected daily traffic or peak hour traffic volumes. 23. Prepare a draft traffic impact study documenting all data, analyses, results, and conclusions to be submitted to the City of Newport Beach. 24. Review the draft transportation section of the Screencheck EIR. One review and mark -up is assumed. 25. Respond to consolidated project team comments on the draft traffic study to the extent that no new data collection and /or analyses are required. A total of up to 16 hours is assumed. Responses requiring a greater amount of time, or requiring additional data collection and /or analyses will be completed for an additional fee to be negotiated prior to initiating additional responses or analysis. 26. Prepare a final traffic study incorporating responses to comments made on the draft traffic impact study report. 27. Respond to traffic - related public comments on the draft transportation section of the Draft EIR, to the extent that no new data collection and /or analyses are required. A total of up to 24 hours is assumed. Responses 28 PLANNING IS THINKING AND GOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. I 5. Scope of Work requiring a greater amount of time, or requiring additional data collection and /or analyses will be completed for an additional fee to be negotiated prior to initiating additional responses or analysis. 28. KHA will participate in up to five project meetings with the Project Team, City Staff, or others as directed by the Project Manager. 29. KHA will participate in one scoping meeting and up to two public hearings (1 Planning Commission and 1 City Council). 30. Evaluate Construction Traffic: a. Obtain information from the Project Applicant regarding planned construction activities, including: i. Type and quantity of construction vehicles, if. Size construction crew, iii. Planned staging areas for construction equipment, iv. Parking provisions for construction workers, v. Magnitude of grading cut or fill, vi. Amount and duration of grading, demolition, and construction activities, vii Planned haul routes, and viii Other information relevant to construction - related traffic impacts. b. Quantify the amount of construction - related traffic associated with the project, based on the information provided, The construction schedule and program will be reviewed to determine if significant traffic, pedestrian, or parking - related impacts will occur during the construction activities for the proposed project. The City's standard regulatory requirements regarding construction traffic management, schedules, and operations will be described. 31. Provide an analysis of alternative travel modes, including current and proposed public transit service and amenities in the project area; pedestrian facilities currently in place and proposed or recommended for the project; area -wide bicycle plans, and on -site bicycle facilities currently in place or recommended for the project. Notes + Tasks 1 through 4, 8 through 10, 16, and 17a were substantially completed for the Koll portion of the project before the direction to halt efforts was received. Some of the products produced as a result of the efforts expended for these tasks can be used for the new effort, as explained below. THE PLANNING CENTER DUE I PROPOSAL: PREPARATION OF AN EIP. FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 29 — The basic report structure used for the prior draft traffic study for Uptown Newport Village, including the technical table and figure templates, will also be used for the Koll Center Newport study. — All existing conditions descriptions (roadways, intersections, transit routes, etc.) will be confirmed and updated, as necessary, to reflect current conditions. — New traffic count data will need to be collected. — All information for Committed and Cumulative Projects will need to be updated to reflect current conditions. — The analysis software network and structure will be retained. All analysis inputs will need to be updated to reflect new baseline data. — The templates for the technical tables and figures will be retained. Each table and figure will be completed for the Koll project, to reflect project results. — The report format and text will be revised to reflect the Koll Center Newport project, and to reflect updated data and results. — For budgeting and cost savings purposes, it is assumed that the five project meetings will be combined meetings with the Uptown Newport Village project, and that Kimley- Horn's attendance at public meetings or hearings for the Koll Center Newport project will be reduced to three. All remaining tasks were either not completed, or the efforts or results of the tasks from the prior effort cannot be applied to the current effort. The proposed fee assumes that Kimley -Horn will work with the project team on this project concurrently with the Uptown Newport Village project, and that efficiencies and cost savings will be realized by coordinating certain efforts for the two projects. For example, it is assumed that both studies will have the same study area and study intersections, that the Opening Year will be the same for both, and that the TPO Committed Projects and the CEQA Cumulative Projects lists will be the same for both. If one or the other of the projects is cancelled or delayed such that work efforts do not take place in generally the same timeframe, or the assumptions stated above are no longer applicable, then the fee for each project will be adjusted accordingly. The proposed fee is based on specific assumptions about the scenarios to be analyzed, the number of meetings Kimley -Horn will participate in, the number of report review and revisions, and the number of hours required to respond to public comments to the EIR Transportation section. If additional issues not covered here are raised for analysis, or if Kimley -Horn is required to attend additional meetings, or if additional hours are required to address City and public comments, an additional authorization will be required. Deliverable(s): — Traffic Impact Analysis, to be included as an appendix to the EIR 30 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 70 Exhibit "B" The Planning Center -Koll Page 15 77 PROJECT COST ESTIMATE The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11) THE PANNING CENTER I DC &E City of Newport Beach 61RIng Ppm: 53x0 Whllela $1. tlonGnlrp $305 Z., 5230 N. Su0 ..I.n $loo I I.... 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I. 6+ 3fi�7pw ..kSi�o-;Wte".''lldvliSwkmJi Pfii 7f3r�t.+l+9'.1E%�;.rY, P; 31 w; c; F�7F�"P a. 3WR"! i.^ d3h; �k�+"' Ut Pi': d' p' Ik' F�n.`�.:`s'.5?kr:.7S+Y;?tA'1:,. 13 'IE:Si.,�LN.i'`.Tf„%:+she.'�+I �L?."�i'P"r+d?rv;n4'WYb"fi"viu �?'- +CS^:dG3w6"i3#6 PGbIIC$c.Ing Me01n (Ind matetlai rep) 4 8 12 $1.680 $3.600 50t.W Task 3- SCOpIng M4Ming 4 0 0 8 1 0 0 0 0 0 0 0 1 0 1 0 1 31 1 $01 53.680 vd; k d LA otlRl &fi le^a:+sn^E ft.RI4 ,r u. ti's Ilr, iHa4.at.'.ui liv;ft`U.o,4.fPn.�atmti> ar!;ru!,k.nLk7nF•unr <G:,.:fiii .+ ttY tidi M?IRS'NES.avl :r.'J,r ;u*'txnP ekEfa eNk LNaM 11IZ0"". R T.X i Gt azii"•tTi' s:?f- Task4.IADE1Rl 0 50 1 $0 Pre ett Desc/Setting/SUmmary 32 ]2 36 40 $4,960 $4,960 A.heum 8 20 2 30 $4,040 SAIM All Quall /GHG /ene, tech Sudy below) 4 14 10 $2,400 $2AW Blolo Iql Msourms 2 8 10 $1.040 $1.040 Gmtechniwl 4 16 20 52680 $2000 Haxords /Hazardous Matwlak(HRA below ) 4 4 0 16 $2.060 $21060 Hyd,.I.Wand water Quality 4 24 28 $2104 52.760 land Um and Planning 16 20 36 $Sj80 55280 Nolse tech Rudy below 4 4 $110 Mo Pa ulatlon&Heusln 4 1 32 36 54S60 54560 PublleS Mqs 4 8 32 44 S440 $4.40D Mcreatlon 2 12 14 S1600 51,800 Trans oeado T.ffic 12 36 1 1 48 55,220 $5120 ULlluez &Servl <e$ ems 4 1 16 1 20 $2.Cs0 52.060 Jcd Nwmauves 24 14 16 LI 1 64 $8560 58,Sfi0 Mke Chapters (Intl Growth IM.dng Impatts/SIgnlOgnt Imevemlble lm cn 2 2 16 20 51,960 $1960 Gm hlWEdltlnq/WP 0 4 8 31 148 512.500 $32500 SUbt Tmk4.1- ADEER3 110 0 4 130 14 2 S3 88 48 40 40 4H 12 596 566.420 50 $66,420 Mrl4w /Pavlslons ROUnd 1 32 8 8 a 36 54,480 $4Aso Revlew/Rml91on9 ROuM 2 6 6 4 4 20 $2.400 $2.480 Subt TUk4.1•A0EIR11 m 0 0 1 14 0 0 12 13 1 0 0 0 0 0 56 $6960 SO $6,960 SubWWTmk4- A0EIR1 &11 120 0 4 144 34 2 64 100 48 40 48 48 12 652 5/3,380 SO $73.380 1N,P,IIMEIR[IMd5nd?OrakElhl4W 6iti"✓I ifa"Aii' �S'urt171hM lea�iFJi' M' �Hl? Cr` �rx:nA.*JT_'F"4':irM`?Jk+IN)iid u^9?lu SuzA"S11d' +in+4�AITCi S+l ^; %$pr7 xv:l7 ".':iR>M'.i"Ni,�u^.LwyR fif JF Ik7GSKm' Idp�3A44lavt'"•I. uii5ffr u�L 'P„rY.�s. t@a'$. SVr. $i t':•flwlsx?&!!ti. ."�5 r..,a i'i$itY}9YrfwP'9it. �'P .SV7 Pro-Print ElR final revlslotWmvlewl /Omft 2 8 4 12 32 38 $3.)40 $3.140 NOA 3 4 1 3 7 5035 $035 Subtotal Tuk S- P,.Pdm &Draft EIR 3 0 0 n 0 0 0 0 0 0 13 33 0 45 54575 $0 $4525 JesYi6 "FlnalflR'dNTC%trcdti,.lhr i(m'ICtT:2W. °E;B.'*'%0.d7d."a �'},i%Ir�n nS', 1..' 1�11k +'�.7�?'1�I:�iri,+:r:"nh:N'(:.. °d�"v+n 7Ea. u}ryr„ifeiCk�',.'1:513Cf 4a^-:. 'Y±'a�Jt'�?tf'.?�'ti711".A.u"i&K ' v3W7ddl", u. .4«i'�oE"k:P.,D!Ti^v:�3]e•`iRA. a,7Z+Y7C.`,°f.' �. �1' .r a�:�5,,°,IIF�. iFF. �: cFi&" ai( �b1�am `9ffSaC"�fE71uaR:a�:A.'�97 �� +u'. RTC 30 8 32 4 32 6 8 100 $13.150 $13550 Mvtslons [o DEIR 12 12 1 1 1 4 30 $a,180 54,360 Subtotal Tmk6 -nrul EIR 42 0 8 44 6 0 i6 6 8 0 0 0 1 0 1 130 1 517.,MVI Sol 517,430 72 PROJECT COST ESTIMATE The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11) THE PLANNING CENTERI DME City of New on Beach Milne Pntp: $1&1 XeEAab $170 d.6mft $365 Flh9.W $lLl Eepom $]20 V.M'. $300 C.NM $85 Vnnp $OS V11W $85 0 %er $80 Wbme 595 FmelleF $BO A- $]5 9hX p 0.010' OIrRM 69A NM I LM W..AUGHO SArdI dW A- LIM01WAO I LPIM A-t Ph XMQA cn,11a W,A WoMProe a.t ndo' TAS WDt0.5X DESMI"O n Mntlpvl Tmm WGetl W S- .PhnnRl 94mING Jp 0Sd.W.Jp 4 ^�1 �uPAnaY�. 4. mHi. G-.Plmrd I9eINW ki' p p+ ttl& atnilalc�w'';: g M-a M--1 CBI tl J -/ f 6.: J. ht".nn.,Iprsstl7.A',Lm..SY+:e3.w 2 Me P4rnan 9tl MWNaI 141 Y cj G ..PI -M nNOnIpz030 YdfNf11S 1nL Panm. IWWWp lGWUD.p.11 4SCir a! bttlU .."IIS,^`yG7xr1Nl37Ei.�LIR1Qi�R GnpbNA hll Tar Mlul Edb WNRO asd v.@ TOD" HOOt$ T.TPCOAh Subconsultantl TOTALBIIGGLT Tii✓��fWil� IOII.irl0{iR�r�lg8i DIM•�•�• 'J MMRP 2 ! Ihka' Ilk.... tlneu34cfa1'1,'Yd 51�.+YSyo,d,..tmnw444'513>UiL l4a,d,5 i!.ISd7.� kvllw. 4, i' i�. Po7vrsJZtwYfl4eJ�lp13 'd,wYi,."rA,a'.w.rMart G'a4`. 32 $1,560 $1,560 5 bwwlT ik >MMRP 2 0 0 8 2 0 0 0 0 0 0 0 0 ]3 $1560 $0 $3360 "'skew SOC NOU':'„Cf4Mti'+Vf:,7ianal . "'Ni 1M"t tiYr91 FOFand Statement of DVCrddln Considemtlons NOD {ova {Iy,7!n:4. 8 d4Aa^ 1 "v$ +"` + � s •: `^I IL'x. l,p ..,..Id,..iti~r�.�,�e t' ux te„ 2d nIINMR l a � Ih,�w P{rrnl any �a r. ��IxYd wNk IPM P a 7a.K e: + w rv,e s,.tlw� d� �, ,�H� $ 36 24 $2,800 $2,800 5540 $540 v $ubtoWlT sk8 FOF/SOC /NOD Rbiki§MDOdn / Mearin': n"' Y, F�r9, nTww�? ri, Ati¢ Ib: B, Itzti. QwC rdlnatlon Meednes(6j 9 a_ Jit✓ r�. tl. �E, 1 0 a .4Jt,+"ASU,'a'dM.Atfilf'UvId411a 1 0--T--3 18 Ado. n„{ y,. M,; tlls" 9 0 3,'. Ea.' 5LL. ILJY", 7a,. 9 0 dvYueliv "YRbsw:u'SrLml':4uYt?,7kI 0 0 1l1,VY�„(u�ucD 16 &6U.vP,.hl Mies 1 0 L£:idu"'fiw",knycYC/Iixz44almp 0 , ph„di 1 0 #.yxYar",4Y6 CmINa4{nLn7n 1 0 Srkrn' 24 $3340 $0 53,340 IU., xV` +e1.7`;nda4M...br."^.IUtkMtl'n d:?Slmn x+l�.,,n34iU,kafi 36 55,130 $5,130 Publle Meeln s(2) g g 16 52,280 $2,280 SubtowlT sk9 McMI gs /H flogs 0 0 26 9 1> 0 0 0 0 0 0 0 0 52 $7A3a $0 $7.410 P.){ 0dPrbbceMa6 "¢'m'ems'w++NS.t NIIG'.71GVHdI1W"1d7Jlh}'. Pro ett Management Itld'S5ACxftY3Cir�:.Bkv6;,:i 52 d'Nhl 'YW.J;14E;1L' °h: �V4k4..o :r�'k111kL 78 u'9nCu IkAiTS..an;C.fiuP1 Y�I hLoVpk.mraGt'0.1k�C 1. ul .Yi$`T,.'1.YAAG"Fv.x,Il91'L1i.9 tr .df:- .: {PB.usL"6e 3Llt„'JSV'aw.S:.1T.EL n'e3. {,..31 . ashllUsla` Mt m. a% 1kd .Y�.M,ffd47+wp}rJ51m3:G.:hiJFatlf ln'`i b': �W`. 330 $18,720 $18,720 5 bt I I k10 P left Manag t OCWSiA5K5xTOTALG80R .�I.�fmFlV"�iQ£�•n .e3�i �tlu 53 .. V.I'.ui],N.$Ik1 �iu.� 258 0 F,(�,t"v{.fk 0 0 W11Yi�,t��.1mi�kLr 38 78 C'.n.eJ.u�Y FAa 330 0 YMM1Vi",Y7Wa i�IYaJi, 43 0 N_..._ A ..J }.ivrdnAlC.>.vrP.,JAW.4i.Fd. 2 0 80 0 ( JAnYIRIIx %vam+.Art11��.L+Vi..L'JUJ.f,I 330 0 76 0 JGPICfRrn.w.�i 52 0 B�ll.N e?�'v uG�' 65 0 4v' �RaYAAY". 61 0 PY535. hW' �YA9, i'. ciA�' >2 230 $38,)30 $0 $38720 tRtAIHS; PL'.( F" AE��MS "¶"ii!�I°�I'C "�d9E %UkAr1�i E- ...,I�n. LGi ,� 1,149 $3385/5 SD 5138,575 P,PjO}IOinRCenter't14$ %i'[tlfhl Ytl l llaRl'. inl^ul% i. a 4'�F{n7.1r Alr QuaI[N /GHG 22% Cfj.: ?.f Y 1"n `.,k a.nb1 0% .,1 ...•.t {'1 {.IQ'vu.5,4', 3% t` S.1 ' Crm j.N"I I:i.I4.MY9m 29% >41 p. .�,b 111AL{FCMatJ 4% q •i' Ix'li 14b�i 11{w 66 0% ,.rp.. ¢ 1.i�lY:k.,.W1?.�oi�1f )% ... ,, A Y.i 1y}:{y"�^iifAP 10 11% rce .,-[i I,l7rWl. {%./G.LN.ir'U.vvI 7% N" . 'lP 5% A'r.- �{J 6% N{r V+t �k.1�N1'4:hE714�i 6% dl 1 1% ] 'S1'i{L't 100% N/A fN P r.�Y }j?I�lKf i�v5r �i ltl{.r,ll� 76 ss'= $8,770 Shadc /Shadow Anal IN 15 15 $1,500 51' Noise 46 8 54 $6.200 $6,200 SubtoWITPCIDCB,ET hniwlst dies 0 0 0 0 132 35 IS o 0 0 0 0 0 345 1 $16470 .iitib'C'tin5ulWnW OInOHa"' E`�ssx"sbsa'»'�°I..�4'EINI�du�, Cadre MI.) 1u+ 1' llil0'., �. �lAp :,r��.uW�M..nF...mrii'v.,�{ 1. u[{ I" �.!".. 1�uA".+ d', Nl :ih..�.rys'F.Cu,7�P1.�1oi�jt;1 rAii. i"IFA frol=n.�w r0.'d,�rSS�1�4 �,Li$17IU7»,�'''0.t".2pps� I"NhGrNnl4""?IPS4I,W ILpdUl., 4l4� :n2wl7xi�SWt�S�.1'.IRpextd Pl tidY>Avrv"r4xI7�5GF6"a "Aa%U9a�'ICRu�1�u71YiR.,b�! f%C :e. 0 $0 $6,4801 S7,128 GNntone(COW.11 0 $0 $6,3T/ 57,015 MmIcy Hom(TWflic ) 0 50 $66,480 $73,128 Subwwl Ta niWl Studies. Subc..fia 'iCHNIDALISM IES: iTOTALteW ,e1M�'37 C.4'>'1!"s1[EI SRI.^.. E4 .,(ti?lfiiLL>e�.wn'h"$:1.ivF'tiI 0 0 IZ1: dK53tlJ5�7£? 0 h' NdailWlfihi" 0 etl[ ANr^ k,./ ulfi` 0 a1. ?Rryl' 4T ,,,,tJ14Ex1All6FM..tL 0 "frvf.:a'k r151'b)..1d7Yp 0 Y+ N "daY'n'a'N�,J1a"aa°nGP.4'v'1Y 0 °, w?H!{fiiA�J4.�S`rWy`'kfl.A 0 0 9"RAGk,•.]u'"".'.;,?11.k* 0 025,.^. 0 L'! SS :PSiSwShc.o.dY,ii,E7.Y29v1V'hi 0 0 kf. 5r7S#$: hSS'.'i6AlCali�'711Rll'adt4.GAlI .'tiINYVAYM,F"iLxd d.,riEilil 0 o a o 112 IS 1g o o 0 0 1 0 0 14s S6,a70 57933) $103,741 ?he�Pi0M7h' IILCYi�rvh, pTNlSbi! uAti. Qf�i1d' fL:{ Health Rlsk Assessment 0 0% iQl ?uH,f},iC{i161i.NrvAo'i�ii�.'4. 0% tApF.1L�1`Llvr�14�: 40 0% 7796 i�..�?+N {Ci.Slnv'! .' ei�i�1LG4iiei��' SO% 12% I(. NII1k1,{,'.. 0% XdiIA8 0% +.i,i111�T^.�.�1�Nv'WthIMPd 0% {, a% YpS3; N.nIN�a.,�3"Nr�II:Y- 0% ',rS.n�"I.. till. Ai-l�. �r�611�1{. 0% pit'6.n�I�:.:R.{I�ll,�✓I%A.ihl' 100% N/A " A(!fdliAl'ij'�.h'I"4�Stl tii6i 40 $6,600 1 $6,600 E.Irorvn ml Slte ASesament 30 30 $5,100 $5.100 Subtotal TPCOptlonal TeOnlo)Studies 0 30 40 0 0 0 0 0 0 0 0 0 0 70 $21,700 $0 $11,700 . , Hall &oreman KIWI Enpinetlngj . _i , i lr r.x t .iwFl(Y.Im A1.. Yr.0 I1n1,i.Na .IlnRywpyyq -..A.d F.b,tiY,p M1^. luleffti n..viPei' ' V 0 . �.m nj1,a�"�u 5: 0 YWWMry rl4ii .' "IYY� � • $11; $3i'8•,.L0: 0•.0 LGC (Geotechnlcal 0 $0 $14.400 $14,400 SubwwlOPU OnaITeNnImlStuNes- 5ubconsulwnti S0 552A00 MAN OPTIONALTECHNICAI.SIUDIES -TOTAL 0 30 40 1 0 0 0 0 1 0 0 0 0 0 0 >0 513,700 $32,400 $60,100 WORTOTALS Labor Totol - WITH Optional SWdies $166, >45 $21,n7i $306,436 ''.... G, out,;L .. ,. pLOQat tu., os r ;,wN .[.1h1'ki nl' ...4 `'.Td.:TMN�:Iq, ,avA.�iS S&.}:v6.CM:TF4'a.Iu, ,Siaw,.41,P4 4rid5il'u!dtil- .124.., rr,l S2dJx,ke.l..,T�'L': w,.:{ fink' kv4: zF4aa °AJ:tiSi'J.SGIIt'xiCikir�f14 3ed.'TCl,nu?:a 7ifa 4lJ,"'$it`CG'+..irtakyeRd7,nrk ila.°gSlRho,Cr.A 31551045!70.9 gspY579,ia2 :ivt7✓,w.krtrr3i44;3i61 AND PRC'tE COSTWWAM The Koll Center Newport - EIR (Updated with Optional Tasks, 8/31/11) i EP{ NING CENTER I DC &E City of Newport Beach BYINgWro: $:W $1TY uo W¢6W ..." f¢ewaF $1'A Sm 5100 m'+ee 11rn.. C,pe $95 Vm, Mss mi. 515 PW 300 WWma $95 PweOCA $00 Munn $75 BoAr 1 ^AIhI SI::CY ] ] $ $C 5 Rnh: NriY MI NpA Aeem I IaYrti1C'G4C 6Nli Atiw IA.P"WWIcI RuL PNl1e0A I I $ leAml Teas a IvP9eeen' 6. PCVn2 lvee PWe.e 1,.FC PMrsea AetnYnnen Ne4PNnnN 3 5 50 3 36 � Tot01 � 6 rgtx/sU0Tg5xoE5C Wx gyxµJ' ,%velar 'gheyp py ri M4+isa' 1 !CmlNSa t 5] M'eei rI U...eF N19JenbllGr mn OIUCtD OOe:ueNl GenM1ruNUI Trelnialemu. wM Remew cMnaAIIJ m HOYrt TemIT . Subrnnrulmnn TWALg110GM 3 M MI 1 1 R R $ TeP!BFempa IlKlras e'aN+kaf an Ilrer:m pssaMtl InXk b.geft I.dldn rel;.b:R�'kewerccaltl I'rera-bn avers �. O�1�Y10dRFLN3YRS091F- fmhISHF•»n�� .:;. "`, t try- "1. k'Co oi':!u'7".'In IS'.iF'�. 'bree/G0.Y dR- �- �w,Nart T'n:� a •. .•:SOC. � �.: i! • •, uy. C ee � I.ry , , .a .l�'j�. 4 y,�.n6:..1 . xv'r'N -y, J JOy�y.F � �. ✓•rvw +u•r• li �q l'IM".ID 4�dY..'4Sn R PraR rotlmlan 1 ^AIhI SI::CY ] ] $ $C 5 531 I I I I $ $1$30 Cmh'IR 3 3 5 50 3 36 � � 6 66 $ $SS.OSo feel Eft 3 3 M MI 1 1 R R $ $$a90 iCf &5o[ 1 1 I I 3 3 3 3 $ $IT$ l'!LL?aGOnMmP.aF6hepnm y y ! ! 3 3 1 1 6 665 Otter 1 1 I I wlery FlC:g Faes $5 ceatxOP, N.TI a.M NMj 6 6325 CtlCaNaC a netfli: a:p Gelrcfea 15/499351 S Si.BJ9 .ltlka {Y.:0.5aryyn[d,yryl- 94.p>L:6 M ri eaii I I 5 590 .NIUPgIRwIGCPNe I I I I b bal wmP I I I I I I I I I I I $ $zx,96a 1ao1 we.vyues.M bl,m a .. M1.11I IInmi.PlUSiCFaMam wLOtPmlrcran r, i S i u ny IFTM �k �S }3) �k E; �R 7. Cost Estimate The Planning CenterIDUE 2011 Standard Fee Schedule Staff Level Hourly Rate Principal $200 -$250 Director/Team Leader $140 -$225 Sr. Planner /Scientist /Designer II $135 -$215 Sr. Planner /Scientist/Designer 1 $115 -$155 Associate Planner /Scientist/Designer II $105 -$130 Associate Planner /Scientist/Designer 1 $95 -$110 Assistant Planner /Scientist /Designer II $80 -$100 Assistant Planner /Scientist /Designer 1 $60 -$80 GIS /GAD Operator II $100 -$135 GIS/CAD Operator 1 $90 -$105 Graphic Artist 11 $85 -$130 Graphic Artist 1 $75495 Planning Technician /Intern $60 -$80 Technical Editor $95 -$100 Word Processing $75 -$85 Clerical /Administration $60 -$100 Third -Parry CEQA Review $225 Expert Witness 2 x Normal Hourly Rate Other direct CostS are Mlle at cost plus t M. Mileage reimbursement rate Is the standard IRS - approved rate. THE PLANNING CENTER] DC &E - PROPOSAL: PREPARATION OF AN EIR FOR THE KOLL CENTER NEWPORT MIXED -USE DEVELOPMENT 33 21 22